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Mohommod Hassin Nawaz and Hamza Nawaz: R v. Mohommod Hassin Nawaz and Hamza Nawaz
Guilty Plea, 27 May 2014, Central Criminal Court, Great Britain (UK)
In May 2014, brothers Mohommod Nawaz and Hamza Nawaz pleaded guilty to having attended a terrorist training camp in Syria. The brothers had set off for Syria in August 2013 and were arrested in Calais, France, as they travelled back to the UK. In their car, rifle ammunition and a mobile phone containing videos and pictures of their time in the training camp in Syria were found. Mohommod Nawaz was sentenced to 4,5 years’ imprisonment on 26 November 2014, and Hamza Nawaz received a sentence of 3 years’ imprisonment.
United States of America v. Arafat Nagi
, 23 May 2017, United States District Court for the Western District of New York, United States, United States
Arafat Nagi is an American citizen who resided in Lackawanna, New York, prior to his arrest. From 2012-2014, Nagi demonstrated support and sympathy for ISIL and the situation in Syria through social media, electronic communications with family members, and conversations with other associated individuals. He also purchased combat gear. During this time, he travelled to Turkey twice, which the U.S. alleged was with the goal of ultimately traveling to Syria to join ISIL as a fighter. While Nagi claimed he was visiting family, his iPad search history and travel plans indicated otherwise.
The U.S. arrested and detained Nagi soon after his return from Turkey and Yemen in 2014 and charged him with attempt to provide material support to ISIL.
Nagi argued the case should be dismissed because he was protected by the First Amendment. However, the district court held that the defendant’s attempt to join a foreign terrorist organization amounted to actions not protected by the First Amendment, which does protect advocacy or association with terrorist organizations. The district court found Nagi’s travel, communications, and purchase of combat gear sufficient to demonstrate an intent to provide support – in the form of himself – to ISIL.
Kappler: The Prosecutor v. Herbert Kappler
Sentenza, 25 Oct 1960, Supreme Military Tribunal of Rome, Italy
Gathungu v. Kenya: John Gathungu v. A-G and the Republic of Kenya
, 28 Oct 2010, High Court of Kenya, Kenya
Prosecutor v. Omar H.
Judgment, 23 Oct 2013, District Court of Rotterdam, The Netherlands
In one of the first cases concerning (potential) foreign fighters, Omar H., a Dutch citizen, was found guilty of preparing to commit arson and/or an explosion, and of incitement to commit a terrorist crime on 23 October 2013. The District Court of Rotterdam found that Omar H.’s actions of searching online for information about how to make homemade bombs, visiting certain websites, and his purchase of the necessary objects to make a bomb demonstrated he was preparing to commit an act of arson and/or explosion. However, the Court rejected the Prosecutor’s submission that this constituted training for a terrorist crime as there was a need for actual preparation or execution in order to speak of training. Omar H. was also found guilty of inciting terrorist crimes as he had put a film and text about terrorist attacks online, and he had started an online discussion about jihad in a public forum. Omar H. was sentenced to 12 months in prison, four of which were suspended.
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