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Larmond: R. v. Larmond

Comments on Sentence, 26 Aug 2016, Superior Court of Justice, Ontario, Canada

On 26 August 2016, the Larmond brothers and Suliman Mohamed pleaded guilty to terrorist offences related to the Islamic State and Syria. They had planned to travel to Syria to join the Islamic State and had attempted this travel on several occasions. One of the twin brothers, Ashton Larmond, was the group’s leader and had previously had his passport revoked prior to heading to Syria via Turkey. His twin brother, Carlos Larmond, was arrested at the airport on his way to Syria, via India. Suliman Mohamed had planned to travel to Syria but had not been able to obtain a passport. In their sentencing remarks, Judge McKinnon compared home grown terrorists, such as the defendants, to “a particularly virulent form of cancer that must be aggressively eradicated”. Ashton was sentenced to 17 years’ imprisonment, and Carlos and Suliman were both sentenced to 7 years’ imprisonment. 


Ayyash et al.: The Prosecutor v. Salim Jamil Ayyash, Mustafa Amine Badreddine, Hussein Hassan Oneissi and Assad Hasan Sabra

Interlocutory decision on the applicable law: terrorism, conspiracy, homicide, perpetration, cumulative charging, 16 Feb 2011, Special Tribunal for Lebanon (Appeals Chamber), The Netherlands

On 14 February 2005, a bomb in downtown Beirut exploded, killing 22 people, including the former Prime Minister of Lebanon, Rafik Hariri. The Special Tribunal for Lebanon was established by the Security Council in order to prosecute persons responsible for the bombing.

In its interlocutory decision, the Appeals Chamber interpreted the STL Statute to require application of substantive Lebanese law as applied by Lebanese courts, but not before noting that binding international obligations, including customary international law, should inform any such interpretation. The Appeals Chamber held, inter alia, that not only does a customary rule exists between states to suppress terrorist act, but that terrorism is an individual international crime under customary law.

The Special Tribunal for Lebanon Appeals Chamber examined state practice and binding international covenants to assert that the crime of terrorism is “commonly accepted at the international level.” As such, the Chamber derived the key components in formulating a general definition of terrorism: (1) the perpetration of a criminal act; (2) the intent to spread fear among the population or coerce a national or international authority to take some action; (3) and the act involves a transnational element.  For the first time, a tribunal of international character has established the existence of a customary rule of international law recognizing an international crime of terrorism in times of peace.


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