Foreign Incursions and Mercenaries Act

Link to law: http://laws.gov.ag/acts/chapters/cap-176.pdf
Published: 1984

Foreign Incursions and Mercenaries (CAP. 176 1

CHAPTER 176

T H E FOREIGN INCURSIONS AND MERCENARIES
ACT

Arrangement of Sections
Section

1. Short title.
2. Interpretation.
3. Foreign incursions prohibited.
4. Prohibited recruiting activities.
5. Recruiting by advertisement.
6. Transporting combatants.
7. Permissible recruitment.
8. Humanitarian services.
9. Penalty.

10. U.K. Act 33 and 34 Vict. C.90.

FOREIGN INCURSIONS AND MERCENARIES

An Act to prevent the raising of mercenaries in Antigua
and Barbuda and to prevent armed incursions into other
countries by Antiguans and Barbudans.

(29th March, 1984.) 1311983.

1. This Act may be cited as the Foreign Incursions Short tit1e.
and Mercenaries Act.

2. In this Act- Interpretation.

c 6 government" in relation to any country means the
government recognised by the Government of

LAWS OF ANTIGUA AND BARBUDA

CAP. 176) Foreign Incursions and Mercenaries

Foreign
incursions
prohibited.

Antigua and Barbuda as the lawful government of
that country;

"other country" means a country other than Antigua
and Barbuda;

L < recruit" includes engage, enlist, procure or train as
a soldier;

" warfare or armed conflict" includes guerilla or
irregular warfare and rebellion or armed
insurrection.

3. ( 1 ) No person to whom this section applies shall-
( a ) enter any other country with intent to engage

in a hostile activity against the government of that coun-
try, or

( 6 ) engage in any other country in a hostile activity
against the government of that country.

(2) This section applies to an individual who-

( a ) at the relevant time is a citizen of Antigua and
Barbuda or is ordinarily resident in Antigua and
Barbuda, or

( b ) at any time during the twelve months
immediately preceding the relevant time, was present
in Antigua and Barbuda for a purpose connected with
a contravention of subsection ( 1 ) .

(3) Nothing in subsection ( 1 ) applies to an act done by
an individual in the course of and as part of his service-

(a ) in any capacity in a force described in section 7,
or

( 6 ) in any capacity in the armed forces of the
government of another country to which he has been
enlisted or commissioned while ordinarily resident in
that other country.

(4) An individual engages in a hostile activity against
the government of another country when he participates in

LAWS OF ANTIGUA AND BARBUDA

Foreign Incursions and Mercenaries (CAP. 176 3

or does any act to achieve any one or more of the following
objects, that is to say-

(a) the overthrow by force or violence of the
government of that other country;

( 6 ) causing by force or violence the public in the
other country to be in fear of suffering death or per-
sonal injury;

(c) causing the death of or bodily injury to a per-
son who

(i) is the head of state or head of government of
the other country, or

(ii) holds, or performs any of the duties of, a
public office in the other country;

(d) unlawfully destroying or damaging any
property belonging to the government of the other
country;

whether or not any of the objects are achieved.

(5) In this section "relevant time" means the time of
the doing of the act that is alleged to constitute a contraven-
tion of subsection (1).

4. (1) No person shall within Antigua and Barbuda Prohibited
recruiting

recruit any individual for the purpose of his taking part in
any warfare or armed conflict outside Antigua and Barbuda.

(2) No individual shall permit himself to be recruited
within Antigua and Barbuda for the purpose of his taking
part in any warfare or armed conflict outside Antigua and
Barbuda.

5 . (1) No person shall, by advertisement within or ~ ; ; ~ ~ ~ ~ ; ~ ~ ,
outside Antigua and Barbuda, induce an individual within
Antigua and Barbuda to be recruited to take part in any
warfare or armed conflict outside Antigua and Barbuda in
contravention of this Act.

(2) In this section "advertisement" means to advertise
by word of mouth, through pamphlets, leaflets, or other
published materials however printed and disseminated or to

LAWS OF ANTIGUA AND BARBUDA

4 CAP. 176) Foreign Incursions and Mercenaries

advertise by radio, television or other mode of public or
private broadcasting or by any medium by which an adver-
tisement can be made.

Transporting
combatants.

6 . No person shall transport or convey, or assist in
the transportation or conveyance of, an individual from
Antigua and Barbuda to anyaplace where warfare or armed
conflict is in progress with the intent that the individual take
part in warfare or armed conflict outside Antigua and
Barbuda in contravention of this Act.

Permissible
recruitment.

7. Nothing in this Act prevents an individual within
Antigua and Barbuda from-

(a) serving, or recruiting another individual to
serve as a member of the armed forces of the Crown;

( b ) serving, or recruiting another individual to
serve in the armed forces of the government of another
country under a treaty or other international agreement
to which Antigua and Barbuda is a party; or

(c ) serving, or recruiting another individual to
serve, as a member of a peace-keeping or other inter-
national force operating under the authority of the
United Nations by resolution of the Security Council
or of the General Assembly.

Humanitarian
services.

8. Nothing in this Act prevents an individual who does
not bear arms or serve as a combatant or in support of com-
batants from doing or being approached to do any service
of a medical or humanitarian nature for the relief of the suf-
fering of civilians or combatants in any warfare or armed
conflict outside Antigua and Barbuda.

Penalty. 9. A person who contravenes this Act is guilty of an
offence and is liable on conviction on indictment to a fine
of twenty-five thousand dollars and to imprisonment for five
years.

U.K. Act 33 and
34 Vict. C.90.

10. The Foreign Enlistment Act, 1870, of the United
Kingdom ceases to have effect in Antigua and Barbuda.
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