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

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A decision made 12 February 2015:

Decision Reference: MD-HA-2015-0016

Decision Summary Title :

Terrorism (Jersey) Law 2002 – addition to proscribed organisations

Date of Decision Summary:

9 February 2015

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:

9 February 2015

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 over the drafting of the relevant 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 the Minister for Home Affairs

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 December 2014 by the Terrorism (Proscribed Organizations) (Amendment No.8) (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:

Jund al-Aqsa (JAA) which translates as “Soldiers of al-Aqsa”

JAA is a splinter group of Al Nusrah Front (ANF), active in Syria against the Syrian Government since September 2013. JAA is a foreign fighter battalion of a variety of nationalities, as well as a native Syrian contingent. The group is primarily operating in Idlib and Hama.

JAA is believed to be responsible for the attack on 9 February 2014 in Maan village killing 40 people of which 21 were civilians. JAA and Ahrar al-Sham are reported to have uploaded YouTube footage of their joint offensive against the village, although neither group has claimed responsibility.

JAA has supported the Islamic Front in an operation to seize Hama military airport during July 2014. ANF released a document summarising its operations in August 2014, which included details of an attack that targeted a resort hotel conducted in collaboration with JAA.

Jund al Khalifa-Algeria (JaK-A) which translates as Soldiers of the Caliphate

JaK-A is an Islamist militant group believed to be made up of members of dormant Al Qa’ida (AQ) cells. JaK-A announced its allegiance to the Islamic State of Iraq and Levant (ISIL) in a communiqué released on 13 September 2014.

In April 2014, JaK-A claimed responsibility for an ambush on a convoy, that killed 11 members of the Algerian army. On 24 September 2014, the group beheaded a mountaineering guide, Hervé Gourdel, a French national. The abduction was announced on the same day that a spokesman for ISIL warned that it would target Americans and other Western citizens, especially the French, after French jets joined the US in carrying out strikes in Iraq on ISIL targets.

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

9 February 2015