Abstract
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
Highlights
The saga of Abu Hamza is a tale of imperfect justice which raises two interesting and important questions
These are whether his trials in the UK and US were lawful under public international law and whether they were proper or appropriate
In the UK Hamza was convicted of eleven counts under the Offences Against the Person Act 1861 (OAPA), the Public Order Act 1986 and the Terrorism Act 2000
Summary
The saga of Abu Hamza is a tale of imperfect justice which raises two interesting and important questions. It is a notable instance where the UK and US extended their law and took cognisance of Hamza’s extraterritorial terrorist-related crimes. With today’s sentence, he is being held accountable for the many ways in which he supported terrorism and other terrorists through much of his life This case was charged over ten years ago and was tried after years of extradition proceedings – and is but one example of our resolve to pursue those who threaten the United States and our interests anywhere in the world no matter how long it takes.[1]. The possible consequences of illegality or impropriety, be they a claim against the UK or US by a third state or otherwise, are not subject to discussion
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