The legality and propriety of the trials of Abu Hamza.

Arnell, Paul

Abstract

Abu Hamza is serving a life sentence in an American prison, having been convicted of terrorist offences in 2014. He was previously imprisoned in the United Kingdom. Two central questions arise from his case; whether the UK and US acted lawfully under international law in applying their criminal law against Hamza, and whether that application of law was appropriate. The answers to these questions are that Hamza's subjection to legal process was of dubious legality and not completely proper. The links between the UK and the US and Hamza, be they territory, nationality or otherwise, were in some instances insufficient per se and lacking relative to third states. His case is a story of justice imperfectly done.

Citation

ARNELL, P. 2016. The legality and propriety of the trials of Abu Hamza. Bergen journal of criminal law and criminal justice [online], 4(2), pages 196-219. Available from: https://doi.org/10.15845/bjclcj.v4i2.1066

• Journal Article Type: Article
• Acceptance Date: Dec 31, 2016
• Online Publication Date: Dec 31, 2016
• Publication Date: Dec 31, 2016
• Deposit Date: Jan 12, 2017
• Publicly Available Date: Jan 12, 2017
• Journal: Bergen journal of criminal law and criminal justice
• Electronic ISSN: 1894-4183
• Publisher: Bergen Open Access Publishing
• Peer Reviewed: Peer Reviewed
• Volume: 4
• Issue: 2
• Pages: 196-219
• DOI: https://doi.org/10.15845/bjclcj.v4i2.1066
• Keywords: Legality; Proper law; Extraterritorial jurisdiction; Extradition; Abu Hamza
• Public URL: http://hdl.handle.net/10059/2083
• Contract Date: Jan 12, 2017