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Guénaël Mettraux

In a Decision of 16 February 2011, which resulted from the exercise of quasi-advisory powers, the Appeals Chamber of the Special Tribunal for Lebanon determined that a crime of ‘international terrorism’ was recognized under customary international law. Having reviewed existing treaties and state practice, the Appeals Chamber offered what it said was the definition of that new international crime. Both its method and reasoning cast serious doubts about the validity of the Tribunal’s conclusions and whether there already exists an offence of ‘international terrorism’ under customary international law.