Transnational Terrorist Groups and International Criminal Law

Transnational Terrorist Groups and International Criminal Law

Author: Anna Marie Brennan

Publisher:

Published: 2019

Total Pages:

ISBN-13: 9780315264984

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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.--


Book Synopsis Transnational Terrorist Groups and International Criminal Law by : Anna Marie Brennan

Download or read book Transnational Terrorist Groups and International Criminal Law written by Anna Marie Brennan and published by . This book was released on 2019 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.--

Transnational Terrorist Groups and International Criminal Law

Transnational Terrorist Groups and International Criminal Law

Author: Anna Marie Brennan

Publisher: Routledge

Published: 2018-07-27

Total Pages: 222

ISBN-13: 1351965689

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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.


Book Synopsis Transnational Terrorist Groups and International Criminal Law by : Anna Marie Brennan

Download or read book Transnational Terrorist Groups and International Criminal Law written by Anna Marie Brennan and published by Routledge. This book was released on 2018-07-27 with total page 222 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

International and Transnational Criminal Law

International and Transnational Criminal Law

Author: David Luban

Publisher: Aspen Publishers

Published: 2014

Total Pages: 0

ISBN-13: 9781454828341

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Bringing a wealth of experience and insight to a rapidly emerging field of inquiry, International and Transnational Criminal Law offers four-part coverage, dynamic perspective, and historical depth. Ideal for the international criminal law course and well suited to courses on transnational law and international law, this casebook carefully examines procedural issues, transnational crimes, and international crimes. Features: Updated throughout to reflect relevant recent Supreme Court and lower court decisions, amended statutes, developments in treaty law, and current scholarship Incorporated recent decisions of the International Court of Justice, the International Criminal Court, and the ad hoc and hybrid tribunals, particularly regarding the elements of international crimes, sentencing norms, and the prosecutor's role Expanded references to non-U.S. sources, such as the United Kingdom's Terrorism Act of 2006 and its Bribery Act of 2010 Sharpened discussion of jurisdictional as well as extradition and evidence gathering Extended the terrorism chapter by, inter alia, including the Supreme Court's decision in Holder v. Humanitarian Law Project and the Lebanon Tribunal's definition of terrorism; adding materials on the (de)listing of designated foreign terrorist organizations; and updating the materials on military commissions Rewrote the International Criminal Court chapter to focus on jurisdiction, admissibility, and the Security Council's role and to concentrate on the Office of the Prosecutor's exercise of prosecutorial judgment, illustrated through Uganda and Sudan case studies Substantially amended the modes of participation and mens rea chapter to incorporate recent decisions, eliminate unnecessary complexities, and, consistent with the ICC's practice, to focus on indirect and direct co-perpetration Updated the crimes against humanity chapter to reflect developments regarding the "group discrimination" and the "state or organizational policy" elements Revised the trafficking in people, drugs, arms, and antiquities chapter Included, in the war crimes chapter, the U.S. drone program, the crime of inflicting disproportionate "collateral" civilian damage, and developments on the crime of recruiting child soldiers Updated the torture chapter to include developments under the Obama administration Updated the Sexual Violence chapter: added the ICC's rape definition and cumulative charging decisions, and discussion of the "new" crime of forced marriage.


Book Synopsis International and Transnational Criminal Law by : David Luban

Download or read book International and Transnational Criminal Law written by David Luban and published by Aspen Publishers. This book was released on 2014 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Bringing a wealth of experience and insight to a rapidly emerging field of inquiry, International and Transnational Criminal Law offers four-part coverage, dynamic perspective, and historical depth. Ideal for the international criminal law course and well suited to courses on transnational law and international law, this casebook carefully examines procedural issues, transnational crimes, and international crimes. Features: Updated throughout to reflect relevant recent Supreme Court and lower court decisions, amended statutes, developments in treaty law, and current scholarship Incorporated recent decisions of the International Court of Justice, the International Criminal Court, and the ad hoc and hybrid tribunals, particularly regarding the elements of international crimes, sentencing norms, and the prosecutor's role Expanded references to non-U.S. sources, such as the United Kingdom's Terrorism Act of 2006 and its Bribery Act of 2010 Sharpened discussion of jurisdictional as well as extradition and evidence gathering Extended the terrorism chapter by, inter alia, including the Supreme Court's decision in Holder v. Humanitarian Law Project and the Lebanon Tribunal's definition of terrorism; adding materials on the (de)listing of designated foreign terrorist organizations; and updating the materials on military commissions Rewrote the International Criminal Court chapter to focus on jurisdiction, admissibility, and the Security Council's role and to concentrate on the Office of the Prosecutor's exercise of prosecutorial judgment, illustrated through Uganda and Sudan case studies Substantially amended the modes of participation and mens rea chapter to incorporate recent decisions, eliminate unnecessary complexities, and, consistent with the ICC's practice, to focus on indirect and direct co-perpetration Updated the crimes against humanity chapter to reflect developments regarding the "group discrimination" and the "state or organizational policy" elements Revised the trafficking in people, drugs, arms, and antiquities chapter Included, in the war crimes chapter, the U.S. drone program, the crime of inflicting disproportionate "collateral" civilian damage, and developments on the crime of recruiting child soldiers Updated the torture chapter to include developments under the Obama administration Updated the Sexual Violence chapter: added the ICC's rape definition and cumulative charging decisions, and discussion of the "new" crime of forced marriage.

Research Handbook on International Law and Terrorism

Research Handbook on International Law and Terrorism

Author: Ben Saul

Publisher: Edward Elgar Publishing

Published: 2014-06-27

Total Pages: 833

ISBN-13: 0857938819

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This Handbook brings together leading scholars and practitioners to examine the prolific body of international laws governing terrorism. It exhaustively covers the global response to terrorism in transnational criminal law, the international law on the


Book Synopsis Research Handbook on International Law and Terrorism by : Ben Saul

Download or read book Research Handbook on International Law and Terrorism written by Ben Saul and published by Edward Elgar Publishing. This book was released on 2014-06-27 with total page 833 pages. Available in PDF, EPUB and Kindle. Book excerpt: This Handbook brings together leading scholars and practitioners to examine the prolific body of international laws governing terrorism. It exhaustively covers the global response to terrorism in transnational criminal law, the international law on the

International Criminal Justice

International Criminal Justice

Author: George Andreopoulos

Publisher: Springer Science & Business Media

Published: 2010-11-25

Total Pages: 212

ISBN-13: 1441911022

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In recent years, justice-related and human rights issues have figured more and more prominently on the international political agenda. This expansion of the justice space is a product of a growing demand for accountability in world politics. Whether the issue is addressing heinous crimes such as genocide, war crimes and crimes against humanity in situations of armed conflict, confronting the inability or reluctance of governments to protect their own populations, or responding to the challenges posed by transnational terrorism; the international community has witnessed the proliferation of institutions and mechanisms, as well as the dynamic interplay between domestic and international processes, in the pursuit of justice-sensitive outcomes. International and hybrid tribunals, UN-led and domestic counter-terrorist initiatives, and the use of force for human protection purposes have demarcated the space within which ethical, political, and legal debates have unfolded in the quest for a more humane world order. The contributors of International Criminal Justice: Theoretical and Legal Perspectives address some of the most important issues and debates involved in this quest, and assess the merits of contending approaches to the promotion of international justice norms. This volume will contribute to the ongoing debate on the challenges, as well as opportunities, facing the justice agenda in its effort to shape developments in an increasingly interdependent world.


Book Synopsis International Criminal Justice by : George Andreopoulos

Download or read book International Criminal Justice written by George Andreopoulos and published by Springer Science & Business Media. This book was released on 2010-11-25 with total page 212 pages. Available in PDF, EPUB and Kindle. Book excerpt: In recent years, justice-related and human rights issues have figured more and more prominently on the international political agenda. This expansion of the justice space is a product of a growing demand for accountability in world politics. Whether the issue is addressing heinous crimes such as genocide, war crimes and crimes against humanity in situations of armed conflict, confronting the inability or reluctance of governments to protect their own populations, or responding to the challenges posed by transnational terrorism; the international community has witnessed the proliferation of institutions and mechanisms, as well as the dynamic interplay between domestic and international processes, in the pursuit of justice-sensitive outcomes. International and hybrid tribunals, UN-led and domestic counter-terrorist initiatives, and the use of force for human protection purposes have demarcated the space within which ethical, political, and legal debates have unfolded in the quest for a more humane world order. The contributors of International Criminal Justice: Theoretical and Legal Perspectives address some of the most important issues and debates involved in this quest, and assess the merits of contending approaches to the promotion of international justice norms. This volume will contribute to the ongoing debate on the challenges, as well as opportunities, facing the justice agenda in its effort to shape developments in an increasingly interdependent world.

The Terrorist-Criminal Nexus

The Terrorist-Criminal Nexus

Author: Jennifer L. Hesterman

Publisher: CRC Press

Published: 2013-04-17

Total Pages: 355

ISBN-13: 1040083900

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Postmodern global terrorist groups engage sovereign nations asymmetrically with prolonged, sustained campaigns driven by ideology. Increasingly, transnational criminal organizations operate with sophistication previously only found in multinational corporations. Unfortunately, both of these entities can now effectively hide and morph, keeping law e


Book Synopsis The Terrorist-Criminal Nexus by : Jennifer L. Hesterman

Download or read book The Terrorist-Criminal Nexus written by Jennifer L. Hesterman and published by CRC Press. This book was released on 2013-04-17 with total page 355 pages. Available in PDF, EPUB and Kindle. Book excerpt: Postmodern global terrorist groups engage sovereign nations asymmetrically with prolonged, sustained campaigns driven by ideology. Increasingly, transnational criminal organizations operate with sophistication previously only found in multinational corporations. Unfortunately, both of these entities can now effectively hide and morph, keeping law e

Legal Responses to Transnational and International Crimes

Legal Responses to Transnational and International Crimes

Author: Harmen van der Wilt

Publisher: Edward Elgar Publishing

Published: 2017-11-24

Total Pages: 336

ISBN-13: 1786433990

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This book critically reflects on the relationship between ‘core crimes’ which make up the subject matter jurisdiction of the International Criminal Court (such as war crimes, crimes against humanity, genocide, and aggression) and transnational crimes. The contributions in the book address the features of several transnational crimes and generally acknowledge that the boundaries between core crimes and transnational crimes are blurring. One of the major questions is whether, in view of this gradual merger of the categories, the distinction in legal regime is still warranted. Should prosecution and trial of transnational crimes be transferred from national to international jurisdictions?


Book Synopsis Legal Responses to Transnational and International Crimes by : Harmen van der Wilt

Download or read book Legal Responses to Transnational and International Crimes written by Harmen van der Wilt and published by Edward Elgar Publishing. This book was released on 2017-11-24 with total page 336 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book critically reflects on the relationship between ‘core crimes’ which make up the subject matter jurisdiction of the International Criminal Court (such as war crimes, crimes against humanity, genocide, and aggression) and transnational crimes. The contributions in the book address the features of several transnational crimes and generally acknowledge that the boundaries between core crimes and transnational crimes are blurring. One of the major questions is whether, in view of this gradual merger of the categories, the distinction in legal regime is still warranted. Should prosecution and trial of transnational crimes be transferred from national to international jurisdictions?

Defining Terrorism in International Law

Defining Terrorism in International Law

Author: Ben Saul

Publisher: Oxford University Press, USA

Published: 2008

Total Pages: 0

ISBN-13: 9780199535477

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This book examines the attempts by the international community and the United Nations to define and criminalise terrorism. In doing so, it explores the difficult legal, ethical and philosophical questions involved in deciding when political violence is, or is not, permissible.


Book Synopsis Defining Terrorism in International Law by : Ben Saul

Download or read book Defining Terrorism in International Law written by Ben Saul and published by Oxford University Press, USA. This book was released on 2008 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines the attempts by the international community and the United Nations to define and criminalise terrorism. In doing so, it explores the difficult legal, ethical and philosophical questions involved in deciding when political violence is, or is not, permissible.

International Terrorism and Transnational Crime

International Terrorism and Transnational Crime

Author: John Rollins

Publisher: DIANE Publishing

Published: 2010-11

Total Pages: 56

ISBN-13: 1437927564

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Contents: (1) Intro.; (2) Crime-Terrorism Partnerships and Transformations; (3) The Crime-Terrorism Toolbox; (4) Interaction of Terrorism and Crime: Dawood Ibrahim¿s D-Co.; Revolutionary Armed Forces of Colombia; 2004 Madrid Bombers; The Taliban; Abu Ghadiyah, Monzer Al Kassar and Viktor Bout; Hezbollah; Al Qaeda; 2005 London Bombings; Al-Shabaab; Mexico¿s La Familia, Colombia¿s Medellin, Italy¿s Mafia, and Brazil¿s Prison Gangs; (5) Selected U.S. Gov¿t. Actions Addressing the Confluence of International Terrorism and Transnat. Organized Crime; State Dept.; Treasury Dept.; Fin¿l. Crimes Enforce. Network; DoD; DoJ: IOC-2; DEA; FBI; DHS; Intell. Comm¿y.; (6) Counterterrorism: What Role for Anti-Crime?


Book Synopsis International Terrorism and Transnational Crime by : John Rollins

Download or read book International Terrorism and Transnational Crime written by John Rollins and published by DIANE Publishing. This book was released on 2010-11 with total page 56 pages. Available in PDF, EPUB and Kindle. Book excerpt: Contents: (1) Intro.; (2) Crime-Terrorism Partnerships and Transformations; (3) The Crime-Terrorism Toolbox; (4) Interaction of Terrorism and Crime: Dawood Ibrahim¿s D-Co.; Revolutionary Armed Forces of Colombia; 2004 Madrid Bombers; The Taliban; Abu Ghadiyah, Monzer Al Kassar and Viktor Bout; Hezbollah; Al Qaeda; 2005 London Bombings; Al-Shabaab; Mexico¿s La Familia, Colombia¿s Medellin, Italy¿s Mafia, and Brazil¿s Prison Gangs; (5) Selected U.S. Gov¿t. Actions Addressing the Confluence of International Terrorism and Transnat. Organized Crime; State Dept.; Treasury Dept.; Fin¿l. Crimes Enforce. Network; DoD; DoJ: IOC-2; DEA; FBI; DHS; Intell. Comm¿y.; (6) Counterterrorism: What Role for Anti-Crime?

Defining International Terrorism

Defining International Terrorism

Author: Stella Margariti

Publisher: Springer

Published: 2017-08-01

Total Pages: 186

ISBN-13: 946265204X

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This book is an attempt to approach the issue of defining international terrorism, proposing that the most workable way to do so is to achieve due balance between the two principal driving forces of international law developments: State sovereignty interests and cosmopolitan ideals. All those who aspire to the promotion of international criminal justice and the fight against impunity agree that the formulation of a universal definition of international terrorism will further enhance the fight against terrorism and offer a universally acceptable legal framework within which this fight can be conducted. Discussed in an in-depth manner are, for instance, the UN Charter Provisions, the Rome Statute and the principle of complementarity, the Kampala amendments on the crime of aggression, the paradigms of aggression and terrorism, and prominent anti-terrorist Security Council Resolutions such as Resolution 1368 and Resolution 1373. The volume broadens the reader’s understanding on how State sovereignty interests and priorities as well as ideals of cosmopolitanism have influenced the development of international law in general and international criminal law in particular. Furthermore, it simplifies the complicated picture of defining international crimes by explaining how the ‘State sovereignty’ and ‘Cosmopolitanism’ dynamics have also been of relevance throughout the drafting process of the definition of the crime of aggression for the purposes of the Rome Statute for the International Criminal Court. In addition, it equips the reader with an understanding of the reasons behind the lack of an international definition for terrorism and suggests an appropriate context within which such a definition can take shape. It intends to appeal to academics and students with an interest in international criminal law and the international criminal justice system, international law and security, but also to anyone with an interest in transnational crime and counter-terrorism. Stella Margariti has recently graduated from the University of Dundee where she attained the title of Doctor from the School of Law.


Book Synopsis Defining International Terrorism by : Stella Margariti

Download or read book Defining International Terrorism written by Stella Margariti and published by Springer. This book was released on 2017-08-01 with total page 186 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is an attempt to approach the issue of defining international terrorism, proposing that the most workable way to do so is to achieve due balance between the two principal driving forces of international law developments: State sovereignty interests and cosmopolitan ideals. All those who aspire to the promotion of international criminal justice and the fight against impunity agree that the formulation of a universal definition of international terrorism will further enhance the fight against terrorism and offer a universally acceptable legal framework within which this fight can be conducted. Discussed in an in-depth manner are, for instance, the UN Charter Provisions, the Rome Statute and the principle of complementarity, the Kampala amendments on the crime of aggression, the paradigms of aggression and terrorism, and prominent anti-terrorist Security Council Resolutions such as Resolution 1368 and Resolution 1373. The volume broadens the reader’s understanding on how State sovereignty interests and priorities as well as ideals of cosmopolitanism have influenced the development of international law in general and international criminal law in particular. Furthermore, it simplifies the complicated picture of defining international crimes by explaining how the ‘State sovereignty’ and ‘Cosmopolitanism’ dynamics have also been of relevance throughout the drafting process of the definition of the crime of aggression for the purposes of the Rome Statute for the International Criminal Court. In addition, it equips the reader with an understanding of the reasons behind the lack of an international definition for terrorism and suggests an appropriate context within which such a definition can take shape. It intends to appeal to academics and students with an interest in international criminal law and the international criminal justice system, international law and security, but also to anyone with an interest in transnational crime and counter-terrorism. Stella Margariti has recently graduated from the University of Dundee where she attained the title of Doctor from the School of Law.