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Establish a government-approved version of Islam
   This extraordinary proposal was made across party lines by the MPs Hazel Blears and Dr Julian Lewis, who insist that "the government must sponsor a particular interpretation of Islam" (The Times, August 27). While Theresa May is capable of many things, rewriting the Koran "to develop a tolerant vision of Islam" (perhaps with Prince Charles as "defender of the faith") might be a task too far.

Resuscitate the Treason Act, 1361
   David Davis MP, of all people, has called for jihadists to be prosecuted as traitors. The Treason Act was last promoted by Lord Hailsham, in his dotage, for IRA suspects, replete with the death penalty (well, it would have silenced the Birmingham Six and the Guildford Four). Hanging for treason was only abolished in 1999 (because treason includes "adultery with the King's son and heir" and there was concern that James Hewitt's guilt would render Diana, as his accomplice, a notional candidate for the gallows).

This obsolete 1361 law now provides life imprisonment for men who "levy war against our Lord the King in his realm, or give the King's enemies comfort elsewhere". It only remains on the statute books because of the laziness of law reform and our nostalgia for history. It is precisely that nostalgia which should deter us from treating vicious IS killers on a par with Sir Roger Casement, Anne Boleyn and Sir Walter Raleigh. Besides, the archaic language is now open to endless legal arguments — William Joyce ("Lord Haw-Haw") was scandalously hanged in 1946 before the Law Lords delivered their reasons, when it turned out that one judge (who was undoubtedly correct) had changed his mind and decided that Joyce was innocent because he had been born in America. Now, as the 1361 Act must be interpreted in conformity with the 1998 Human Rights Act, any treason conviction would be subject to endless legal arguments, to Strasbourg and beyond.

Bring back the death penalty
   Remarkably, a call not heard over the summer, other than from talk radio and the wilder shores of UKIP. Those most enthusiastic for the return of the gallows dare not say so: they are, of course, the fighters of IS, who would relish this guaranteed pathway to paradise. They would all be likely to return from the killing fields of Syria and Iraq to die at the hands of an infidel hangman: this, they believe, is the most glorious way to go.

Before Parliament considers any of these well-intentioned but impractical ideas for new offences and new ways of internment without trial, it would be sensible to ask exactly what crimes against British law IS fighters have committed, and how they can be appropriately charged, tried and punished.

IS is not a state (even if it fantasises that it has become a caliphate). It comprises a growing group of international criminals bent on killing Christians, Shia Muslims and members of other religions, torturing civilians, and executing opponents (and hostages) without trial. IS fighters are, so to speak, the pirates of the desert — hostis humanis generis, the enemies of all humankind. They appear to be guilty of an array of international crimes — war crimes, crimes against humanity and (arguably) even genocide.
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Kevin T
October 24th, 2014
1:10 PM
What we should do is declare their decision to fight for an enemy abroad as renunciation of their citizenship. Destroy their passports and take away their right to return. Why do we want such filth, and dangerous filth at that, back in our country?

amcdonald
October 3rd, 2014
1:10 AM
Or our politicians could all grow beards and pretend to be imams and muslim scholars and dictate to uk`s muslims (while telling us Islam is a religion of peace). Theresa May etc could wear a false beard. It would cost next to nothing. How islamified are they all already ? In the Spectator Douglas Murray asks why is Theresa May pretending Islam is a `religion of peace` ? Why are all politicians robotically saying it ? Venal PR to secure their promotions, pensions and future job prospects ? Is it the new political islamified Stepfordism ? In 2 weeks the Peoples Assembly Against Austerity will be protesting in London. Germany has scrapped student tuition fees. Westminster is more like a foreign occupying power that`s lost all decisional capability.

Crumbs
September 30th, 2014
11:09 PM
In most cases, and with the help of taxpayer-funded human rights lawyers, it will be impossible to prove that they didn't spend a year hiking in the Black Forest. Recall how few and how belated have been the prosecutions arising from the Holocaust. We're going to have to put enormous resources into tailing the little b-----s once they arrive back, so we can prosecute them without mercy every time they drop a fag end. (The state has had no qualms about doing it to Tommy Robinson.) We had better start by bugging every mosque and Muslim school staffroom, and get on with building a lot more prisons. (The prison regime should be seriously deterrent - banning smoking has been found to have that effect on ordinary criminals. In the case of Muslims, the only halal diet available should be vegetarian, prayers should be outside in all weathers, and cells should be searched weekly using dogs.)

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