Edited by Ben Saul
Chapter 19: Terrorism, war crimes and the International Criminal Court
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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