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

See all articles by Shane Reeves

Shane Reeves

United States Military Academy, West Point

Date Written: April 27, 2010

Abstract

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

Reeves, Shane, Time for International Cooperation in Terror Justice: A Proposed International Criminal Justice System to Address Transnational Terrorism (April 27, 2010). Harv. Int'l Rev. (Online Perspectives), 2010 . Available at SSRN: https://ssrn.com/abstract=2296997

Shane Reeves (Contact Author)

United States Military Academy, West Point ( email )

600 Thayer Rd
West Point, NY 10996
United States

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