British Islamists must be treated as traitors

Those plotting against Britain should be charged with treason and face an automatic life sentence

First Manchester now London. Every new terrorist attack is a stark reminder of the harsh reality that violent Islamic extremists continue to plot ruthless mass murder. And with Isil facing defeat in the Middle East we can expect an increase in terror attacks around the world in a futile attempt to grab attention and stop it becoming a footnote of history. So we can anticipate that this trend will continue, with more low-tech attacks like Saturday’s one in London.

This poses an unprecedented challenge to our security services. After Manchester, MI5 confirmed that it has identified 23,000 extremists in the UK, 3,000 of whom are persons of interest involved in some 500 potential terror plots. It takes approximately 20-25 security personal to monitor one individual, and so it is obvious that it is not logistically feasible to monitor all those who may pose a threat, and that some will therefore slip through the net. An MI5 officer recently confirmed to The Daily Telegraph that they can only subject 50 individuals to 24-hour surveillance at any one time.

This situation is not sustainable and new laws are therefore required to recognise this new and extraordinary security challenge.

When we do have good evidence that someone has taken part in a terrorist plot, the state should come down on them with its full force. The traditional offences which Britain charges potential terrorists with are not enough.

British subjects who plot to destroy the fabric of British life, aiming to kill as many innocent people as possible in random attacks, destroy government buildings, transport or businesses, who sow fear into the seams of the daily life, who seek to rupture the day-to-day workings of the economy or the business of state, or who act to spread disorder and fear, should be considered not just terrorists, but traitors. They should be charged with treason. Treason, after all, essentially means betraying one’s nation. All British nationals owe allegiance to the Queen, wherever they are. If you have the privilege to have a British passport, you should not be plotting violence against her subjects.

Some might argue that such terrorists have not actually committed treason. Arson, murder, terrorism or other violent crimes, perhaps; but treason – no. But although these latter offences might speak to the specific physical characteristics of the crime, they don’t address the mental one – those of the intention of the crime.

A terrorist is not the same as someone trying to cause physical damage for criminal motives. They are seeking very specifically to rupture British security as a nation, damage our institutions, and disrupt the quality of British daily life. And here’s the point. They do not want to do these things to damage a building or cause injuries in a crowd. They want to do them because these things are British.

That deserves its own form of recognition in law, and “treason” is the offence which best captures it.

The offence of treason would also bring with it concrete benefits, first and foremost of which would be automatic heavy punishments. Britain has abolished the death penalty, and so the old institutional punishment for treason is not available. But it seems logical that this modern form of the crime be automatically punishable by the nearest equivalent – a life sentence. This should not be the kind of life sentence which, after time off for good behaviour, means only a few years served. It should mean life, without parole, or even the possibility of parole.

This would be the start of making a link which should be fundamental to our national life. If you are British, you do not plot against Britain. If you want the protections, security, services, and yes, freedoms which this country has fought to be able to give its citizens over centuries, then you do not respond with violence.

In short, it is high time we brought the offence of treason back. These terrorists are not just criminals – they are traitors. The legal system should acknowledge it. I would wager it would make us all safer as well.

Dr Azeem Ibrahim is a Research Professor at the Strategic Studies Institute US Army War College and Senior Fellow at the Center for Global Policy