Transnational Terrorist Groups and International Criminal Law: 1st Edition (Hardback) book cover

Transnational Terrorist Groups and International Criminal Law

1st Edition

By Anna Marie Brennan

Routledge

222 pages

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Hardback: 9781138291904
pub: 2018-07-30
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pub: 2018-07-27
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Description

Attacks by network-based transnational terrorist groups cause on average 25,000 deaths every year worldwide, with the law enforcement agencies of some states facing many challenges in bringing those responsible to justice. Despite various attempts to codify the law on transnational terrorism since the 1930s, a crime of transnational terrorism under international law remains contested, reflecting concerns regarding the relative importance of prosecuting members of transnational terrorist groups before the International Criminal Court. This book critically examines the limits of international criminal law in bringing members of transnational terrorist groups to justice in the context of changing methods of warfare, drawing from human rights, sociology, and best practices in international criminal justice.

Drawing on organisational network theory, Anna Marie Brennan explores the nature of international crimes and assesses the potential for the International Criminal Court to prosecute and investigate alleged crimes perpetrated by members of transnational terrorist groups, paying particular attention to their modus operandi and organisational structure. This book argues that because of the network-based organisational structure of some transnational terrorist groups, achieving justice for victims will prove challenging, in the context of the relationship between the commanders and the subordinate members of the group requiring a re-evaluation of accountability mechanisms at the international level.

In advancing an innovative perspective on the accountability of members of transnational terrorist groups, and in offering solutions to current challenges, the book will be of great interest and use to academic, practitioners, and students engaged in the study of terrorism, the ICC, or international humanitarian law.

Table of Contents

1. Introduction 2. The Network-Based Structure of Transnational Terrorist Groups: An Analysis of their Effectiveness in Perpetrating Terrorist Attacks 3. The Classification of Terrorist Attacks by Transnational Terrorist Groups as a Crime under the Rome Statute 4. The Evolution of a Customary Crime of Transnational Terrorism under International Criminal Law 5. Applying the Doctrine of Command Responsibility under the Rome Statute - The Dilemma of Successor Commanders 6. A Critique of the Application of the Doctrine of Co-Perpetration under Article 25 of the Rome Statute to Members of Transnational Terrorist Groups 7. Conclusions

About the Author

Anna Brennan is a Lecturer in Law in the School of Law and Social Justice at the University of Liverpool, UK.

About the Series

Routledge Research in International Law

The series offers a space for new and emerging scholars of international law to publish original arguments, as well as presenting alternative perspectives from more established names in international legal research.  Works cover both the theory and practice of international law, presenting innovative analyses of the nature and state of international law itself as well as more specific studies within particular disciplines. The series will explore topics such as the changes to the international legal order, the processes of law-making and law-enforcement, as well as the range of actors in public international law. The books will take a variety of different methodological approaches to the subject including interdisciplinary, critical legal studies, feminist, and Third World approaches, as well as the sociology of international law. Looking at the past, present and future of international law the series reflects the current vitality and diversity of international legal scholarship.

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Subject Categories

BISAC Subject Codes/Headings:
LAW051000
LAW / International
POL037000
POLITICAL SCIENCE / Political Freedom & Security / Terrorism