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They held that conspiracy to commit terrorist acts did not fall under the customary international law of war.
Four men have been arrested in the Paris region over the Coulibaly attacks and charged with conspiracy to commit terrorist acts.
Mohammed Morsi is now on trial accused of inciting the murder of anti-government protesters, murdering prison officers during a 2011 escape from jail, espionage and conspiracy to commit terrorist acts.
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Under federal criminal statutes, for example, conspiring to commit terrorist acts is a crime.
The judge charged the teenager with taking part in a "criminal terrorist association" and "inciting to commit terrorist acts through an online communication medium".
In 1998 the emergency response to the Omagh bombing included such logically unrelated initiatives as a new offence of conspiracy to commit terrorist attacks abroad.
But it is a huge leap from expressing sympathy in questionable circumstances to committing terrorist acts.
We have discovered that many people commit terrorist acts under the cover of resistance to occupation.
An example is a criminal who contributes funds to a terrorist organization but does not him or herself, commit terrorist acts.
But he will not commit terrorist acts.
The men face charges including conspiracy to commit a terrorist act and committing a terrorist act of international homicide with premeditation.
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Justyna Jupowicz-Kozak
CEO of Professional Science Editing for Scientists @ prosciediting.com