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6 - Accountability and Fairness: A Window into the Recurring Debate over Treating Terrorism as a Crime under International Law

Published online by Cambridge University Press:  20 April 2018

Jonathan Hafetz
Affiliation:
Seton Hall University, New Jersey
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Summary

This chapter examines the recurring debate over whether terrorism should be treated as an international crime. The proliferation of global terrorism has generated increasing pressure to bring terrorism within the orbit of international criminal justice. Elevating terrorism to the status of an international crime would strengthen expressive condemnation of this extraordinarily destructive and destabilizing form of violence. But prosecuting terrorism as an international crime also poses significant challenges. The definition of terrorism remains insufficiently precise. Further, terrorism prosecutions often involve the type of evidentiary obstacles that could jeopardize due process safeguards in international criminal prosecutions given those prosecutions’ dependence on state cooperation. Additionally, international terrorism prosecutions would likely result in the continued selection of situation and cases that embed major power influence and shield government forces from prosecution even when they commit the same crimes as non-state actors. The chapter submits that these concerns outweigh the potential benefits of subjecting terrorism to international criminal prosecution in light of ICL’s overarching goals of accountability and fairness.
Type
Chapter
Information
Punishing Atrocities through a Fair Trial
International Criminal Law from Nuremberg to the Age of Global Terrorism
, pp. 168 - 187
Publisher: Cambridge University Press
Print publication year: 2018

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