Terrorism (Jersey) Law 2002: Addition to Proscribed Organisations: Law drafting instructions

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A decision made 17 December 2014:

Decision Reference: MD-HA-2014-0071
Decision Summary Title :	Terrorism (Jersey) Law 2002 – addition to proscribed organisations		Date of Decision Summary:	4 December 2014
Decision Summary Author:	Executive Officer Home Affairs		Decision Summary: Public or Exempt? (State clauses from Code of Practice booklet)	Public
Type of Report: Oral or Written?	Written		Person Giving Oral Report:	n/a
Written Report Title :	Terrorism (Jersey) Law 2002 – addition to proscribed organisations		Date of Written Report:	4 December 2014
Written Report Author:	Executive Officer Home Affairs		Written Report : Public or Exempt? (State clauses from Code of Practice booklet)	Public
Subject: Terrorism (Jersey) Law 2002 – addition to proscribed organisations.
Decision(s): The Minister decided to approve the addition of the organisations detailed in the accompanying report to the list of proscribed organisations in Schedule 1 of the Terrorism (Jersey) Law 2002 and to request the Law Draftsman to prepare an Order to give effect to this.
Reason(s) for Decision: These organisations have been made proscribed organisations by the Home Secretary. By making them proscribed organisations in Jersey it will ensure that Jersey remains in line with the British Government’s stance in combating terrorism.
Resource Implications: There are no additional resource implications arising from this decision.
Action required: The Executive Officer to liaise with the Law Draftsman to prepare the Order and to forward the signed and sealed Order to the Publications Editor, States Greffe. The Greffier of the States to be requested to notify the States of the making of the Order.
Signature:		Position: Minister for Home Affairs
Date Signed:		Date of Decision (If different from Date Signed):

Terrorism (Jersey) Law 2002: Addition to Proscribed Organisations: Law drafting instructions

Report for Minister

Request for law drafting to add organisations to Schedule 1 of the Terrorism (Jersey) Law 2002

Schedule 1 of the Terrorism (Jersey) Law 2002 contains a list of proscribed organisations. It is an offence under the Law to belong, or profess to belong, to a proscribed organisation.

Article 6(3) of the Terrorism (Jersey) Law 2002 provides, inter alia, that the Minister may, by Order, add an organisation to Schedule 1.

Traditionally, Jersey maintains its list of proscribed organisations in step with the UK, thereby ensuring a joint response to terrorism in both Jersey and the UK.

Since Schedule 1 of the Terrorism (Jersey) Law 2002 was last updated in October by the Terrorism (Proscribed Organizations) (Amendment No.7) (Jersey) Order 2014, the following organisations have been made proscribed organisations in the UK by the Home Secretary. The descriptions of the organisations are taken from the Home Office paper on proscribed terrorist organisations:

Ajnad Misr (Soldiers of Egypt)

The group is a jihadist group based in Egypt and is believed to be a splinter group of Ansar Bayt al Maqdis (ABM). Ajnad Misr has stated that it seeks to protect Egyptian Muslims and avenge alleged abuse against them by the Egyptian security services. Ajnad Misr is believed to have been active since 20 November 2013, when it attacked an Egyptian checkpoint.

It announced its establishment on 23 January 2014 and has claimed responsibility a number of attacks on Egyptian security forces in a military campaign. The claims were made in three communiqués posted on its Facebook and Twitter accounts on 23 January, 24 January, and 31 January. On the jihadi forum al-Fida’, Ansar Bayt al Maqdis, referred to Ajnad Misr in a communiqué issued on January 28, expressing support for the group and identifying it as being responsible for two attacks in Greater Cairo in January. Ajnad Misr has claimed responsibility for the bombing at Cairo University on 2 April that resulted in the death of a policeman and injuries to three others.

Ansar al-Sharia-Benghazi (Partisans of Islamic Law)

Ansar al-Sharia-Benghazi (AAS-B) is a Sunni Islamist militia group that has an anti-Western rhetoric and advocates the implementation of strict Sharia law. AAS-B came into being in 2011, after the fall of the Gaddafi regime. The group was led by Mohammed Ali al-Zahawi and Ahmed Abu Khattalah is an AAS-B senior leader.

AAS-B is involved in terrorist attacks against civilian targets, frequent assassinations, and attempted assassinations of security officials and political actors in eastern Libya. On 11 September, 2012 members of AAS-B took part in the attack against the U.S. Special Mission and Annex in Benghazi, Libya, killing the US ambassador and three other Americans. In September 2012, Mohammed Ali al-Zahawi, in an interview openly stated his support for Al Qa’ida’s strategy but denied any links to the organisation. He also confirmed AAS-B had demolished and desecrated Sufi shrines in Benghazi, which the group regard as idolatrous.

AAS-B used its online presence to denounce the 2013 capture and removal from Libya of al Qa’ida operative Abu Anas al-Libi, by American military forces. In August 2013, Ahmed Abu Khattala, a senior leader of the group, was charged with playing a significant role in last year's attack on the U.S. diplomatic compound in Benghazi.

AAS-B continues to pose a threat to Libya and Western interests and is alleged to have links to proscribed organisation Ansar al-Sharia-Tunisia and Al Qa’ida.

The US designated AAS-B as a terrorist organisation in January 2014 and the UN listed AAS-B on 19 November 2014.

Jaysh al Khalifatu Islamiya (Army of the Islamic Caliphate) (Majahideen of the Caucasus and the Levant)

Jaysh al Khalifatu Islamiya (JKI) is an Islamist jihadist group, consisting predominately of Chechen fighters. JKI is an opposition group active in Syria.

JKI splintered from Jaysh al-Muhajireen Wal Ansar (JAMWA) in 2013. At that point a number of members went with Umar Shishani (aka Umar the Chechen) to join the Islamic State of Iraq and the Levant (ISIL) and, the rest of the group stayed distinct and renamed itself Majahideen of the Caucasus and the Levant (MCL) and more recently renamed itself JKI.

Before his death in 2014, JKI was led by Seyfullah Shishani, who had pledged allegiance to the leader of the Al Nusrah Front (ANF), Mohammed Al-Jawlani. JKI has assisted ANF and ISIL in conducting attacks.

In February 2014, a British individual linked to the group, carried out a suicide attack on a prison in Aleppo, resulting in prisoner escapes.

Recommendation

It is recommended that the Minister approves the addition of the above-named organisations, and their alternative names, to the list of proscribed organisations in Schedule 1 of the Terrorism (Jersey) Law 2002 and requests that the Law Draftsman prepares an Order to give effect to this.

Executive Officer, Home Affairs

4 December 2014