<p>The Iranian Islamic Revolutionary Guard Corps and the Wagner Group have engendered debates in several Western countries about how to deal in policy, law and practice with hostile activities originating from states and their proxies. Are they to be treated as terrorists and thereby subjected to extraordinary criminalisation and policing and executive measures? Or should they be hobbled through the application of financial sanctions as well as national security measures? These questions will be asked in the context of the UK which has adopted both approaches but not in a consistent manner. It is found that the policy stance of the UK Government is generally not to treat states as the potential subjects of UK terrorism legislation. This policy stance might be labelled ‘non-ascription’. Arguments for and against are considered in each case.</p>

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TO BAN OR NOT TO BAN? THE CHALLENGES TO UK LAW FROM THE ISLAMIC REVOLUTIONARY GUARD CORPS AND THE WAGNER GROUP

  • Ahmed Almutawa,
  • Clive Walker

摘要

The Iranian Islamic Revolutionary Guard Corps and the Wagner Group have engendered debates in several Western countries about how to deal in policy, law and practice with hostile activities originating from states and their proxies. Are they to be treated as terrorists and thereby subjected to extraordinary criminalisation and policing and executive measures? Or should they be hobbled through the application of financial sanctions as well as national security measures? These questions will be asked in the context of the UK which has adopted both approaches but not in a consistent manner. It is found that the policy stance of the UK Government is generally not to treat states as the potential subjects of UK terrorism legislation. This policy stance might be labelled ‘non-ascription’. Arguments for and against are considered in each case.