Daily Mail

Boris: Who’d care if drones had killed the jihadi Beatles?

- By John Stevens Deputy Political Editor

BORIS Johnson has hit back at criticism for letting two British jihadis face the death penalty in America, insisting if the Government had been able to order their deaths with a drone strike in Syria, ‘too damn right we would’.

Alexanda Kotey and Shafee Elsheikh, members of the IS terror gang of four men from west London dubbed The Beatles – which included the notorious executione­r Jihadi John – are linked to the murder of 27 Western hostages.

The pair, who have been stripped of British citizenshi­p, now face extraditio­n from Syria to the US on terrorism charges.

Controvers­y arose earlier this week when a leaked Home Office document revealed the Governclai­med ment has dropped its usual requiremen­t for assurances they would not be executed if convicted by a US court.

But last night Mr Johnson said there was ‘a bit of humbug’ in the outrage over the ‘correct decision to send them for trial in America’, and that if Kotey and Elsheikh had been spotted during their murderous rampage in Syria there would have been no hesitation in ordering their deaths with a missile strike.

In an article for the Spectator magazine, Mr Johnson wrote: ‘Suppose the grisly pair had been located a couple of years ago in Raqqa. And let’s suppose there was a Reaper drone overhead, and that British intelligen­ce could help send a missile neatly through their windscreen.

‘Would we provide the details – knowing that they would be killed without a chance for their lawyers to offer pleas in mitigation on account of their tough childhoods in west London? Would the British state, in these circumstan­ces, have connived in straightfo­rward extrajudic­ial killing? Too damn right we would.’ Government lawyers have drone strikes against known jihadis were to prevent future acts of terrorism when they returned to their homes in the West.

But the former foreign secretary said this justificat­ion ‘scarcely masks the reality that killing them is also retributiv­e – payback for the filmed executions of innocent people’.

Jihadi John, whose real name was Mohammed Emwazi, was killed in a drone strike three years ago after beheading British aid workers David Haines and Alan Henning on camera. At the time, then Prime Minister David Cameron said: ‘He posed an ongoing and serious threat. This was an act of self-defence. It was the right thing to do.’

Mr Johnson added: ‘It was just such a drone strike that vaporised that other “Beatle”, Jihadi John, and I don’t remember hot tears being wept for him.’

The fourth member, Aine Davis, was sentenced to seven and a half years in jail after being convicted of terrorism charges in Turkey last year. Mr Johnson said the four Beatles were responsibl­e for killing at least 27 people, adding: ‘So why do we support these extrajudic­ial killings, with no due process, and panic at what might happen in American court? The best hope of bringing Kotey and Elsheikh to justice is in America, and in sending them there the UK Government has not dropped its opposition to the death penalty.

‘We had to balance two risks: the risk they would be simply set loose, like so many other jihadis, to roam the streets of London again, or the small risk they might receive the death penalty. [Home Secretary] Sajid Javid and I decided that the first risk was worse than the second. Who really believes we were wrong?’

‘Set loose to roam London again’

Where should two former alleged terrorists who were once British citizens be put on trial for the most brutal and barbarous acts against innocent civilians, some of them British?

The right answer is surely the United Kingdom. Two young men brought up in this country, who are accused of unspeakabl­e terrorist offences, should face justice in a British court.

And yet they won’t. Alexanda Kotey and el Shafee elsheikh are being packed off to the United States to stand trial for grievous crimes they are said to have committed while fighting on behalf of Islamic State ( ISIS) in Syria. Their erstwhile collaborat­or ‘Jihadi John’ is thought to have beheaded at least two U.S. journalist­s.

Let me summarise their alleged crimes. elsheikh, 30, who was born in Sudan but raised in London, is accused of supervisin­g the torture and killing of Western hostages by ISIS. Kotey, 34, London born-andbred, is charged with being part of the same ISIS cell which beheaded 27 hostages and, according to reliable testimonie­s, displayed horrendous cruelty and unbelievab­le sadism.

They are believed to have been part of a four-man killing machine known as ‘The Beatles’. Seldom was a nickname so fatuously bestowed. If the ‘fab four’ who made up the pop group were fetching and creative, the ISIS killers are repulsive and deadly.

So why can’t they be tried in their own country? The fact that they have been deprived of their British citizenshi­p by the Government is beside the point. They are citizens of no other country. And their historical relationsh­ip is with Britain.

I can think of three possible reasons for our handing the problem over to the Americans. The first is that under existing legislatio­n our courts are unable to apply the very lengthy sentences that can be handed down by American judges. These two presumed monsters could be walking free in 20 or 25 years if convicted here.

Moreover, as a result of the human rights Act our courts are swarming with lawyers who might well argue that because Kotey and elsheikh were captured and held by rough-hewn Kurdish militia, they have not been treated as they should have been. Shock horror!

And then there is the reluctance of our intelligen­ce services to allow their practices to be revealed in open court out of fear that would-be terrorists might learn things about spooks which they shouldn’t.

For all these reasons, the home Secretary, Sajid Javid, has gratefully washed his hands of the case.

There was no attempt to secure an undertakin­g that the death penalty wouldn’t be applied in the United States, presumably because there was no prospect Washington would give such an assurance.

Now, of course, the Labour Party is up in arms, principall­y because it is so opposed to the death penalty.

Diane Abbott, the Shadow home Secretary, hyperventi­lated that the Government’s position was ‘abhorrent and shameful’. Meanwhile, Labour’s hilary Benn piously ( and idioticall­y) opined that ‘we have to show we are better than Islamic State in our morals, and should therefore have nothing to do with capital punishment’.

In my humble opinion, the prospect that these two alleged killers might be sentenced to death if found guilty of horrendous crimes by an American court is by far the least troubling aspect of this affair.

No, what worries me is that our courts are considered too unreliable, and our legalisati­on too weak, for these seemingly wicked men to be tried in the country in which they were brought up, and which they have more right to call their own than any other.

Isn’t the Government being particular­ly supine in asking dependable old Uncle Sam to deal with a problem that we are too querulous to address ourselves? I can see no other plausible interpreta­tion.

Which is why a report by the Policy exchange think-tank advocating a new treason law should be welcomed.

Believe it or not, the Treason Act of 1351 is still on the statute book, shorn of a few provisions over the years. It has not been used since 1945.

As the report argues, treason — the crime of aiding and abetting one’s country’s declared enemies — is extremely serious. A new law is needed which envisages very severe jail sentences for those convicted of treason.

If there were such a law, there is little doubt that, as former UK citizens, Kotey and elsheikh would stand trial in a British court instead of being dispatched to the United States. For as well as being accused of carrying out mass murder in the most ferocious fashion, they also stand charged with working for an organisati­on, namely Islamic State, which was and remains an enemy of the United Kingdom and is effectivel­y at war with it. That’s treason.

AND that brings me to another thought, which may rattle a few teacups. Why do we assume that the abolition of the death penalty as it applies to criminal law should also cover acts of treason committed in the circumstan­ces of war?

After all, no one objects very much when a terrorist in the throes of some atrocity is shot dead by the police or Army.

I’m not clear why we are so certain that a person convicted of such an abominable crime shouldn’t receive the ultimate punishment.

Interestin­gly, although the death penalty for murder was abolished in 1965, it remained on the statute book until 1998 in respect of high treason, though was never used.

It was deemed incompatib­le with the european Convention on human rights, which was incorporat­ed into the human rights Act by New Labour in the same year.

I’m not — quite — recommendi­ng the restoratio­n of capital punishment for treason, and the Policy exchange report certainly does not.

I have too much residual modern liberal sensibilit­y to argue unequivoca­lly in favour of that. But can’t we have an intelligen­t discussion about the issue?

It is undeniable that Western democracie­s are threatened by merciless and ruthless combatants such as Kotey and elsheikh appear to be.

I don’t for a moment think people like them will succeed. There aren’t enough of them, for one thing.

But it is feeble, as well as potentiall­y dangerous, to treat the mortal enemies of our society and way of life as though they were commonplac­e murderers.

Whatever new measures are adopted — and the Policy exchange’s proposals for a new treason law would be an excellent start — it is obvious we need a legislativ­e armoury strong enough either to deter home-grown traitors, or deliver fitting punishment­s to those who commit outrages.

If Kotey and elsheikh were to be tried in this country, we might understand how it was that two young men who enjoyed the benefits of living in a free society should seemingly have done their utmost to destroy it.

And such a trial, if it had led to a conviction, would have given the British people the satisfacti­on of seeing justice meted out to two British traitors who appear to hate, and wanted to damage, their country.

As it is, though, I don’t doubt they will receive a fair trial in the United States, it will inevitably be conducted in the margins of our attention.

Why can’t we hold our own monsters to account? British justice for British terrorists is the best approach.

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