Case Number

CrimA 44/52

Date Decided

12-2-1959

Decision Type

Appellate

Document Type

Full Opinion

Abstract

The appellant was charged and convicted under section 53(a) of the Criminal Code Ordinance, 19361), with promoting civil war in that being a resident of Israel, he left the country, enlisted in an Arab "army" and served in it against Israel during the Arab-Israel War. The appellant contended that the acts with which he was charged did not constitute the offence described in the section which refers only to a civil war in the sense of a fight between residents within the State.

Held: That although the war in which the appellant had participated was not a civil war, and he was therefore not guilty of the offence charged., section 53(a) of the Criminal Code Ordinance, 1936, properly interpreted in the light of the marginal note to the section, which note may be used in interpreting mandatory legislation, created the offence of promoting civil war.

Keywords

International Law -- Laws of war, Torts -- Breach of statutory duty

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