Proscription of Organisations in UK Counter-Terrorism Law

EU Sanctions: Law and Policy Issues Concerning Restrictive Measures, Cameron, ed, Intersentia, 2013

21 Pages Posted: 8 Oct 2012 Last revised: 23 Jan 2014

See all articles by Sofia Marques da Silva

Sofia Marques da Silva

King's College London - The Dickson Poon School of Law

Cian C. Murphy

University of Bristol - School of Law

Date Written: October 8, 2012

Abstract

The UK has a history of proscribing organisations in the name of national security – with Irish Republican organisations the most well known example. The Terrorism Act 2000 provided new powers of proscription. Since the attacks on September 11 2001 the focus of proscription has been on organisations related to Islamist extremism. This paper will examine the legal framework for the proscription of organisations in the UK and how it has been used. It will consider the process by which proscription is imposed and the means by which it can be challenged. The most common use of proscription today is against organisations that, though dangerous, do not necessarily pose a threat to UK national security. The paper argues that proscription can enshrine in criminal law foreign policy choices of the UK government so as to criminalise support for causes whose illegitimacy is, at the very least, open to contest.

Keywords: counter-terrorism, proscription, September 11 2001, Terrorism Act 2000

Suggested Citation

Marques da Silva, Sofia and Murphy, Cian C., Proscription of Organisations in UK Counter-Terrorism Law (October 8, 2012). EU Sanctions: Law and Policy Issues Concerning Restrictive Measures, Cameron, ed, Intersentia, 2013, Available at SSRN: https://ssrn.com/abstract=2064048

Sofia Marques da Silva

King's College London - The Dickson Poon School of Law ( email )

Somerset House East Wing
Strand
London, WC2R 2LS
United Kingdom

Cian C. Murphy (Contact Author)

University of Bristol - School of Law ( email )

8-10 Berkeley Square
Bristol, BS8 1TH
United Kingdom

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