Time for International Cooperation in Terror Justice: A Proposed International Criminal Justice System to Address Transnational Terrorism
Harv. Int'l Rev. (Online Perspectives), 2010
5 Pages Posted: 23 Jul 2013 Last revised: 24 Jul 2013
Date Written: April 27, 2010
The international community continues to struggle to address the proliferation of transnational terrorism. Ideologically driven, non‐state affiliated terrorist organizations, the most well‐known being Al‐Qaeda, have successfully exploited chasms within international law and therefore are met with a fractured and inconsistent global response to their violent actions. In particular, states are unclear and divided as to the due process requirements to be used when a transnational terrorist is captured. Questions concerning confinement, trials, and punishment abound and remain unanswered. This article attempts to answer these questions by offering a proposal for a comprehensive international criminal justice system that specifies how to handle a transnational terror suspect from the point of capture, through prosecution, and into post-trial confinement.
Keywords: terrorism, Al-Qaeda, international law, criminal justice, transnational terrorism, asymmetric warfare, due process, prosecution, confinement, universal jurisdiction
JEL Classification: K10, K33
Suggested Citation: Suggested Citation