Sheikh Abu Hamza al-Masri Goes On Trial at Old Bailey

Suspected al-Qa’eda member Mustafa Kamel Mustafa (a.k.a. Sheikh Abu Hamza al-Masri) goes on trial today in London’s Central Criminal Court (Old Bailey) facing fifteen counts charging that he incited followers to kill Jews and other non-Muslims, using derisive language aimed at stirring racial hatred, and possessing the now infamous multi-volume Encyclopedia of Afghani Jihad,^[1] believed to be an al-Qa’eda doctrine for terrorist-related activities. If convicted, Mr. al-Masri faces up to life in prison. Mr. al-Masri was initially arrested pursuant to a U.S. federal indictment (found here) alleging two counts related to unlawfully detaining (hostage-taking) two American citizens in Yemen,^[2] four counts related to attempts to provide and conceal material support and resources for terrorism by establishing a terrorism training camp in Bly, Oregon,^[3] three counts related to providing material support to terrorism,^[4] and one count for conspiring with an American citizen to provide material support to the Taliban and al-Qa’eda in violation of the International Emergency Economic Powers Act (IEEPA).^[5] If tried and convicted on these count, Mr. al-Masri would face life in prison. Following a formal extradition request from the United States, British authorities made the decision to preempt extradition proceedings by charging Mr. al-Masri under U.K. jurisdiction. Whatever the outcome of the trial it should be noted, the American indictment remains outstanding. No double jeopardy provision precludes Mr. al-Masri from being tried both within the United States and the United Kingdom.

[1] A copy of the Encyclopedia of Afghan Jihad, as one might expect, cannot be readily found online. Generally considered to be something akin to a “how-to” manual of terrorism, the 11-Volume text is purportedly divided into the following categories: Explosives, First Aid, Handguns, Mines, Security/Intelligence, Tactics, Home-made weapons, Tanks, Hand-to-Hand Combat, Topography and Area Surveillance, and Other Small Arms. The manual is allegedly an integral part of al-Qa’eda training operations worldwide, and is widely believed to be disseminated on behalf of the al-Qae’da high command.
[2] 18 U.S.C. §1203
[3] 18 U.S.C. §2339A
[4] Id.
[5] 50 U.S.C. §1705(b) and 31 U.S.C. §545.204, 545.206(b)