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.--

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.

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.

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

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.

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?

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?