Terrorism in International and Transnational Criminal Law

BLACKSTONE'S INTERNATIONAL CRIMINAL PRACTICE, J.R.W.D. Jones, M. Zgonec-Rozej, Oxford University Press, UK, Forthcoming, 2017

Sydney Law School Research Paper No. 15/83

34 Pages Posted: 24 Sep 2015 Last revised: 26 Oct 2016

See all articles by Ben Saul

Ben Saul

The University of Sydney Law School

Date Written: September 22, 2015

Abstract

No international criminal tribunal has jurisdiction over a general crime of terrorism. One hybrid criminal tribunal, the Special Tribunal for Lebanon, has recognised a customary international law crime of terrorism in peacetime. In international and non-international armed conflicts, there is a war crime of intending to spread terror amongst civilians under international humanitarian law. While a number of ad hoc tribunals have convicted persons of such war crime, the International Criminal Court does not have jurisdiction over it. There is no international treaty defining terrorism and requiring states to domestically criminalize terrorist offences. Agreement is yet to be reached on a UN Draft Comprehensive Terrorism Convention. Many, but not all, terrorist methods are criminalised by sectoral counter-terrorism conventions, supplemented by regional treaties which sometimes establish wider liability. Security Council resolution 1373 (2001) requires state to domestically criminalize terrorist acts and preparatory activities in domestic law, while allowing states to define terrorism themselves. A number of other resolutions also require or encourage domestic criminalization of certain terrorist activities.

Keywords: Terrorism, transnational crime, international criminal law, war crimes

JEL Classification: K10, K14, K30, K33

Suggested Citation

Saul, Ben, Terrorism in International and Transnational Criminal Law (September 22, 2015). BLACKSTONE'S INTERNATIONAL CRIMINAL PRACTICE, J.R.W.D. Jones, M. Zgonec-Rozej, Oxford University Press, UK, Forthcoming, 2017; Sydney Law School Research Paper No. 15/83. Available at SSRN: https://ssrn.com/abstract=2663890

Ben Saul (Contact Author)

The University of Sydney Law School ( email )

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The University of Sydney
Sydney, NSW 2006
Australia

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