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Regina v. Gul

United Kingdom, England.  22 February 2012 .

Published online by Cambridge University Press:  01 January 2021

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Abstract

Relationship of international law and municipal law — Crime of terrorism — Terrorism Act 2000 — Dissemination of terrorist publications — Terrorist offences — Section 2 of Terrorism Act 2000 — Section 1 of Terrorism Act 2000 — Interpretation — Definition of terrorism — Scope — Whether insurgents attacking government armed forces exempted from definition — Customary international law — International crime of terrorism — Whether international crime of terrorism in times of peace and armed conflict — Definition of terrorism in international law — Whether customary international law rule restricting scope of terrorism — State practice — Whether widespread and general — International conventions and national legislation — Opinio juris — Whether attacks by insurgents on soldiers of Coalition forces in Iraq and Afghanistan terrorism excluded from definition of terrorism in Terrorism Act 2000 — Whether rule of international law requiring reading down of Section 1 of Terrorism Act 2000

Terrorism — Scope — Definition of terrorism — Section 1 of Terrorism Act 2000 — Interpretation — Definition of terrorism in international law — Whether development of rule under customary international law excluding attack by insurgents on government military forces from definition of terrorism — Definition of terrorism in Section 1 of Terrorism Act 2000 having wide scope — Whether reading down of Section 1 of Act necessary or desirable — Customary international law

War and armed conflict — Non-international armed conflict — Conflicts in Afghanistan and Iraq in 2008 and 2009 — Whether non-international armed conflicts — Certificate of Foreign Secretary — Whether conclusive — Whether attacks by insurgents on soldiers of Coalition forces in Iraq and Afghanistan terrorism within meaning of Terrorism Act 2000 — Whether judge directing jury correctly with respect to meaning of Act — The law of England

Type
Case Report
Copyright
© Cambridge University Press 2013

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