News that at least two American citizens have been killed fighting for ISIS(Islamic State of Iraq and Syria) whilst up to several hundred British Muslims are also fighting for this jihadist group has prompted calls(not least from the "new Norman Tebbit"- London Mayor Boris "BoJo" Johnson, writing in last week's Sunday Telegraph) for them to be stripped of their UK citizenship or maybe even tried for "treason"(the fact that many of these fighters are British born rather than naturalized is presumably irrelevant).
A wag once noted that there is a quick, easy and usually wrong, solution to every problem. Firstly the question is: are we at war(in a formal state of armed hostilities) with ISIS? The answer to this is- NO( even though ISIS much like the Soviet Union during the Cold War has made its hostility clear to the "infidel" societies of the West). Although a number of British Muslims have joined and fought alongside the Taliban inside Afghanistan again NATO( including British as well as US forces), which is WAY more treasonous than anything done by the last Briton to be hanged for treason, William "Lord Haw-Haw" Joyce( he "only" broadcast pro-Nazi propaganda over Berlin radio and never took up arms against HM Forces per se), the idea of putting such captured Muslims on trial at the Old Bailey as "traitors" never seems to have occurred to British officials, not least because both Acts of Parliament dealing with treason- the "Treason Felony Act of 1848" and "The Treason Act of 1351"- are hopelessly outdated in the 21st century and the "War On Terror"( the whole idea of treating terrorism as treason seems to have been kicked around during the NI "Troubles" for the IRA but was wisely discarded when it was noted that the punishment for treason was either life imprisonment or death on the gallows).
And having been stripped of their British citizenship where would these now stateless "jihadists" go( denaturalization, as we saw in the 1958 US Supreme Court "Trop v Dulles", is a pretty harsh punishment- arguably cruel and unusual)
Perhaps the US has the wisest course of action- an American citizen who enlists in the armed forces of a foreign power risks losing/or automatically forfeits his/her American citizenship( even in the extremity of wartime, successive US Administrations are reluctant to prosecute its citizens on grounds of treason- prbably reminded by the Kings of Europe use of faked treason charges- as we saw with the 1942 US Supreme Court case of the U-Boat German saboteurs and their American accomplices(ex parte Quirin)- and Julius and Ethel Rosenberg were executed in June 1953 on grounds of conspiracy to spy rather than treason- probably because their spying for the USSR took place when Russia was first our WW II ally and then Cold War enemy ). Of course it can be argued that ISIS is NOT a conventional foreign power and thus has no "armed forces" to enlist in. Apropos of those Britons who committed war crimes or crimes against humanity whilst fighting on ISIS's side in Syria/Iraq,(pace the videotapes of beheadings or massacres of captured Syrians, Yezidis and Christians they should be turned over to the International Criminal Court- ICC--which would have the advantage of NOT making their case an issue in next year's General Elections!
Anybody think as I do?
Terry
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