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Blackman: Regina v. Sergeant Alexander Wayne Blackman ("Marine A")

Sentencing Remarks, 6 Dec 2013, General Court Martial held at Military Court Centre Bulford, Great Britain (UK)


On 15 September 2011, while on patrol in the Helmand Province in Afghanistan, UK Marines Sergeant Alexander Blackman and his men were on patrol. They found a Taliban insurgent who had been seriously wounded (lawfully) by an Apache helicopter, and as such formed no longer a threat. After removing his AK47, magazines and a grenade, Blackman caused him to be moved to a place where you wanted to be out of sight of his operational headquarters at Shazad so that "PGSS can’t see what we’re doing to him". He ordered those of his men giving some first aid to stop, and when he was sure headquarters could not see him, he discharged a 9mm round into his chest from close range. He then told his patrol to remain silent about what happened, saying that he had just broken the Geneva Convention.

Taking into consideration Blackman's superior position as sergeant (under command of the patrol) and the consequences his acts could have for other British soldiers - namely possible reprisals - the Court found Blackman guilty of murder in violation of the laws of war (a war crime). He was sentenced to life imprisonment with a possibility for parole after ten years, stripped of his ranks and dismissed from service with disgrace.


United States of America v. Hassan

Appeal from the United States District Court for the Eastern District of North Carolina, at Raleigh, 4 Feb 2014, United States Court of Appeals for the Fourth District, United States

Mohammad Omar Aly Hassan, Ziyad Yaghi, and Hysen Sherifi are three Americans charged with conspiring to engage in various terrorist activities. The district court convicted them of various counts of conspiring to commit acts of terrorism abroad. Sherifi was also convicted of conspiring to kill members of the uniformed services within the United States.

 

The defendants had performed various overt acts in furtherance of a terrorist conspiracy, including travelling to the Middle East, participating in weapons trainings and creating a weapons arsenal, raising money for violent jihadist efforts, and posting about their extremist beliefs on social media.

 

On appeal to the Fourth Circuit, the appellants challenged their convictions on constitutional and evidentiary grounds. They first argued that the convictions were based on constitutionally protected speech (First Amendment). They also made various evidentiary challenges, including a challenge to the admissibility of lay and expert witness testimony, as well as social media videos and videos collected from defendant’s cell phone demonstrating weapon training. Finally, they challenged the sufficiency of the evidence to support their conviction.

 

The Court dismissed all of the appellant’s challenges and upheld the district court’s conviction on all of the charges.


Abu Gaith: United States of America v. Sulaiman Abu Gaiyth

Jury verdict, 26 Mar 2014, District Court for the Southern District of New York, United States

Sulaiman Abu Ghaith (49), a Kuwaiti Islamist, was considered an official Al-Qaeda spokesman. He is married to one of Osama bin Laden's daughters. After the 11 September 2001 attacks on the World Trade Center, he praised the attacks in a series of impassioned videotaped messages and promised more attacks to follow, threatening with reprisals for the subsequent US invasion of Afghanistan, saying, "Americans should know, the storm of the planes will not stop... There are thousands of the Islamic nation's youths who are eager to die just as the Americans are eager to live".

Initially living in Afghanistan, he supposedly fled the country in 2002 and went to Iran, where he lived under house arrest until 2013, when he left for Turkey. Turkey intended to deport him to Kuwait, but as he passed Jordan, he was caught by the Jordanian authorities and extradited to the US. Here he was put on trial for terrorism charges (conspiracy to kill Americans, and providing material support to terrorists and conspiring to do so). He pleaded not guilty, but the jury disagreed: on 26 March 2014, he was found guilty of all charges. The sentencing judgment is expectedly due on 8 September 2014.


Mashudur Choudhury: R v. Mashudur Choudhury

Jury Verdict, 20 May 2014, Kingston-upon-Thames Crown Court, Great Britain (UK)

Mashudur Choudhury is the first person to be convicted of terrorism charges in relation to the ongoing war in Syria. Mr. Choudhury, who is from Portsmouth, was found guilty of travelling to Syria to join a jihadi training camp. His intention to become a martyr was evident throughout his conversations with another foreign fighter and his posts on social media. He was arrested and charged upon his return to the UK a few weeks after his departure. Mr. Choudhury has been sentenced to 4 years’ imprisonment. 


Prosecutor v. Shukri F.

Judgment, 7 Jul 2016, Court of Appeal of The Hague, The Netherlands

On 1 December 2014 Ms. Shukri F., a young Dutch woman, was acquitted on two charges by the District Court of The Hague. She was charged with 1) recruiting people to join the armed struggle in Syria, and; 2) incitement to commit terrorist crimes and dissemination of and collecting inciting material. Although the Court acquitted her, the Prosecutor appealed. 

The defendant was allegedly active in spreading the virtues of Islamic orthodoxy in multiple ways. First, she used social media and gave lectures about Islam. Second, she encouraged multiple women (some underage) to marry and to depart to Syria. Third, she married a man who she supported in his wish to go to Syria. After he had left for Syria she divorced him and married another man, Maher H., who she also encouraged to depart to Syria.

The Court of Appeal ruled that it could not establish that the defendant recruited people to join the armed struggle in Syria. It could establish, however, that 2 videos she had posted on Twitter amounted to the dissemination of inciting materials. For that reason she was sentenced to a suspended imprisonment term of 6 months and a probation period of 2 years.


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