Law and Rights
There is growing and serious concern about British nationals going abroad to take part in armed combat in countries such as Syria, Iraq etc. There are political calls for the government to increase the use of powers that it has in this area to either withdraw passports or deprive an individual of British nationality (e.g. where the individual has dual nationality). The law is complex. The following links will be of interest:
British Nationality Act 1981 section 40 - Deprivation of Citizenship
Immigration Act 2014 section 66 - amending section 40 of the British Nationality Act 1981 - this came into force on 28th July 2014.
Parliament - House of Commons Library Standard Note - Immigration Bill: Deprivation of citizenship
Withdrawal of passports - Government statement of 25th April 2013
Previous post 5th February 2014 - Fighting abroad ~ is it against the law?
In the event that
the United Kingdom gets involved militarily (e.g. in Iraq) then any British citizens fighting against UK forces could possibly be committing treason by 'giving aid and comfort' to the 'Queen's enemies'. The 'giving of aid and comfort' does not have to be 'in the Realm' - R v Casement [1917] 1 KB 98. The ancient (and, in many ways, highly unsatisfactory), law on treason is very rarely invoked and has not been charged since 1945. Since the Crime and Disorder Act 1998, treason no longer attracts the death penalty and such a penalty may no longer be reinstated because of Protocol 13 to the European Convention on Human Rights. In 2008, a Review of Citizenship led by Lord Goldsmith QC considered that treason should be retained but the law modernised - (see the review at page 40).
Addendum 7th September:
Ex-MI6 Chief: encourage UK jihadis to return home - The Guardian 6th September. The International Centre for the Study of Radicalisation (referred to in The Guardian article) is linked to Kings College London.
Addendum 15th September:
House of Commons Library blog - Excluding British citizens who pose a security threat: what can the government do?
- Should Eu Citizens Who Move Retain The Right To Vote In Their Member State Of Origin?
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The Government is particularly concerned about UK citizens who travel to conflict zones and perhaps return to the UK with skills and intentions acquired from fighting or training with terrorist groups. In a speech to the Australian Parliament, the...
- Fighting Abroad ~ Is It Against The Law?
Imagine that in some foreign land there is a political power struggle. Those opposing the de facto (or de jure) government seek help by violent means and individuals decide to provide such help. Could this be an act of terrorism in our law? ...
- Treason
Sir Thomas MoreIn the recent post on "Marital Coercion", it was commented that "the law of treason is ancient, obscure, complex and extremely rarely used." In 1940, during the second reading of the Treachery Bill, the Home Secretary of the...
Law and Rights
Serious concerns about British citizens fighting abroad
British Nationality Act 1981 section 40 - Deprivation of Citizenship
Immigration Act 2014 section 66 - amending section 40 of the British Nationality Act 1981 - this came into force on 28th July 2014.
Parliament - House of Commons Library Standard Note - Immigration Bill: Deprivation of citizenship
Withdrawal of passports - Government statement of 25th April 2013
Previous post 5th February 2014 - Fighting abroad ~ is it against the law?
In the event that
the United Kingdom gets involved militarily (e.g. in Iraq) then any British citizens fighting against UK forces could possibly be committing treason by 'giving aid and comfort' to the 'Queen's enemies'. The 'giving of aid and comfort' does not have to be 'in the Realm' - R v Casement [1917] 1 KB 98. The ancient (and, in many ways, highly unsatisfactory), law on treason is very rarely invoked and has not been charged since 1945. Since the Crime and Disorder Act 1998, treason no longer attracts the death penalty and such a penalty may no longer be reinstated because of Protocol 13 to the European Convention on Human Rights. In 2008, a Review of Citizenship led by Lord Goldsmith QC considered that treason should be retained but the law modernised - (see the review at page 40).
Addendum 7th September:
Ex-MI6 Chief: encourage UK jihadis to return home - The Guardian 6th September. The International Centre for the Study of Radicalisation (referred to in The Guardian article) is linked to Kings College London.
Addendum 15th September:
House of Commons Library blog - Excluding British citizens who pose a security threat: what can the government do?
- Should Eu Citizens Who Move Retain The Right To Vote In Their Member State Of Origin?
Steve Peers The European Commission has recently produced a communication and a recommendation on the loss of EU citizens' right to vote when they move between Member States. According to the Commission, while Member States' national identity...
- Want To Be An Eu Citizen? Show Me The Money!
Steve Peers Give me your rich, your bored, Your pampered mistresses shopping duty-free, The randy playboys through our open doors. Send these, the chinless, party-goers to me, Come flash your cash inside our finest stores! We can only imagine whether...
- Further Anti-terrorism Powers
The Government is particularly concerned about UK citizens who travel to conflict zones and perhaps return to the UK with skills and intentions acquired from fighting or training with terrorist groups. In a speech to the Australian Parliament, the...
- Fighting Abroad ~ Is It Against The Law?
Imagine that in some foreign land there is a political power struggle. Those opposing the de facto (or de jure) government seek help by violent means and individuals decide to provide such help. Could this be an act of terrorism in our law? ...
- Treason
Sir Thomas MoreIn the recent post on "Marital Coercion", it was commented that "the law of treason is ancient, obscure, complex and extremely rarely used." In 1940, during the second reading of the Treachery Bill, the Home Secretary of the...