Terrorist or Armed Opposition Group Fighter? The Experience of UK Courts and the Implications for Public International Law

Murray, Alexander R. J. (2018) Terrorist or Armed Opposition Group Fighter? The Experience of UK Courts and the Implications for Public International Law. International Community Law Review, 20 (3-4). pp. 281-310. ISSN 1871-9732

[img] Text
Accepted Version
Restricted to Repository staff only until 11 July 2020.
Available under the following license: Creative Commons Attribution Non-commercial No Derivatives.

Download (59kB)
[img] Other (Acceptance/Publication)
Other
Restricted to Repository staff only

Download (63kB)
Official URL: http://dx.doi.org/10.1163/18719732-12341377

Abstract

The aim of this article is to explore British courts’ jurisprudence relating to the actions of those who have committed acts abroad which, in some circumstances, might be considered terrorism. It does this by identifying three different types of attacks: against civilians, against UN-mandated forces and against another State’s military forces. What emerges from this analysis is that British courts readily classified the first two forms of attack as terrorism while remaining flexible in respect of the third. The article draws on domestic law concerning terrorism and also that which relates to immigration and asylum claims. From this it is apparent the courts have used a complex patchwork of international and domestic law to distinguish between terrorism and ‘legitimate armed attacks’. This is significant because the discussion of the issues by the courts might be of assistance in clarifying and developing the distinction in international law.

Item Type: Journal Article
Keywords: Armed conflict, International law, Terrorism, Extradition, Asylum and immigration law
Faculty: Faculty of Arts, Law & Social Sciences
Depositing User: Unnamed user with email alexander.murray@anglia.ac.uk
Date Deposited: 08 Aug 2018 13:20
Last Modified: 14 Aug 2018 13:21
URI: http://arro.anglia.ac.uk/id/eprint/703472

Actions (login required)

Edit Item Edit Item