Open AccessThe Legality and Propriety of the Trials of Abu Hamza
Author(s) -
Paul Arnell
Publication year - 2017
Publication title -
bergen journal of criminal law and criminal justice
Language(s) - English
Resource type - Journals
ISSN - 1894-4183
DOI - 10.15845/bjclcj.v4i2.1066
Subject(s) - principle of legality , law , jurisdiction , prison , nationality , political science , economic justice , universal jurisdiction , immigration
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. Keywords: Legality; Proper Law; Extraterritorial Jurisdiction; Extradition; Abu Hamza
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