Research Handbook on International Law and Terrorism
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Research Handbook on International Law and Terrorism

Edited by Ben Saul

This newly revised and updated second edition provides a comprehensive overview of international counter-terrorism law and practice. Brand new and revised chapters provide critical commentary on the law from leading scholars and practitioners in the field, including new topics for this edition such as foreign terrorist fighters, the nexus between organized crime and terrorism, and the prevention of violent extremism.
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Chapter 19: Terrorism, war crimes and the International Criminal Court

Roberta Arnold

Abstract

Almost twenty years after the adoption of the Rome Statute, this chapter considers whether the jurisprudential developments after the 9/11 events may have paved the way to prosecute acts of terrorism as an international crime within the jurisdiction of the International Criminal Court. Following to the launching of the ‘war on terror’ by the United States in 2001, lawyers had to be creative to identify the applicable legal regime and to discern whether acts of terrorism may be prosecuted under the international law of armed conflict. Meanwhile, the rise and growth of movements like Al-Qaeda and the Islamic State have challenged the traditional distinction between criminal organizations and armed groups engaged in an armed conflict and called for new strategies for their prevention and repression. One of the renewed questions, is whether the ICC could be the appropriate forum to address the crimes committed by such armed groups.

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