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R v Mohammed Gul: Are You a Terrorist if You Support the Syrian Insurgency?

Dr Kimberley N. Trapp is lecturer in law at Newnham College, University of Cambridge. In its recent decision in Regina v Mohammed Gul[1], the Court of Appeal held that there is nothing in international law which requires the broad definition of terrorism under the Terrorism Act 2000, as amended,[2] to be read so as to exclude acts of war committed during an armed conflict. Mohammed Gul, then a law student at Queen Mary, had posted videos on YouTube that “showed attacks by Al Qaeda, the Taliban and other proscribed groups on military targets, including those in Chechnya and Coalition forces in Iraq and Afghanistan, [and] the use of IEDs against Coalition forces [...].”[3]  He was prosecuted for supporting terrorism as defined under Section 1 of the Terrorism Act, found guilty and sentenced to 5 years in prison.  The principal issue considered by the CA was whether the trial judge’s response to jury questions had been correct in law.  After having retired, the jury asked whether “an…

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