Routledge Research in International Law Ser.
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.
Description based upon print version of record. D Systems theory: the repercussions for the responsibility of transnational terrorist groups for international crimes
Formatted Contents Note
Cover; Half Title; Title Page; Copyright Page; Table of Contents; Acknowledgements; Abbreviations; 1. Introduction; A Aim and approach; B Contribution to knowledge; C Book structure; 2. The network-based structure of transnational terrorist groups: an analysis of their effectiveness in perpetrating terrorist attacks; A Introduction; B The conceptualisation of the network-based terrorist group; C Modern organisational network theory and transnational terrorist groups; D Conclusion; 3. The classification of attacks by transnational terrorist groups as a crime under the Rome Statute A IntroductionB Genocide; C War crimes; D Crimes against humanity; E Conclusion; 4. The evolution of an international crime of transnational terrorism; A Introduction; B The evolution of the legal concept of terrorism; C The emergence of a customary crime of transnational terrorism; D Sources of law relied upon by the STL Appeals Chamber to deduce a customary crime of transnational terrorism; E Classifying the customary crime of transnational terrorism as an international crime; F The constituent elements of the customary crime of transnational terrorism G Challenges in prosecuting the customary crime of terrorism at the ICCH Conclusion; 5. Applying the doctrine of command responsibility under Article 28 of the Rome Statute: the dilemma of successor commanders; A Introduction; B The scope of application of the doctrine of command responsibility to attacks by transnational terrorist groups; C The command responsibility of leaders of transnational terrorist groups; D The criteria for establishing the accountability of leaders of transnational terrorist groups; E The duties of leaders of transnational terrorist groups under the Rome Statute F The challenges in prosecuting leaders of transnational terrorist groups under the Rome StatuteG Conclusion; 6. Holding members of transnational terrorist groups accountable under Article 25 of the Rome Statute: effectiveness, legitimacy, and impact; A Introduction; B The principle of individual criminal responsibility under Article 25 of the Rome Statute; C The criteria for determining the accountability of members of transnational terrorist groups under Article 25; D The concept of indirect co-perpetration under Article 25 and its application to members of transnational terrorist groups E Limitations of Article 25 of the Rome Statute in prosecutions of members of transnational terrorist groupsF Conclusion; 7. The accountability of transnational terrorist groups as a collectivity: quandaries for the jurisdiction of the ICC; A Introduction; B The transnational terrorist group and the dilemma of collective entity responsibility in international criminal law; C Attributing responsibility to collective entities and ethics theory: prospects for international criminal law
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OCLC-licensed vendor bibliographic record.