International humanitarian law and the criminal justice response to terrorism

From the UN Security Council to the national courts

Bibliographic Data

ID12852103
AuthorsAgathe Sarfati (corresponding author)
Year2021
Volume103
Issue916-917
Pages267-293
Publication date2021-04-01
Peer ReviewedYes
Open AccessYes
TypeARTICLE
VenueInternational Review of the Red Cross (JOURNAL)
Journal identifiersISSN: 1607-5889 • E-ISSN: 1816-3831
PublisherCambridge University Press (CUP) (PUBLISHER)
DOI10.1017/s1816383121000631
OpenAlexW3213338161
LanguageEN
Citations received1
References cited8

Since the adoption of the first United Nations Security Council (UNSC) counterterrorism resolution after the 9/11 attacks, the UNSC has increasingly required the domestic criminalization of “terrorism” acts and ancillary activities. Without the inclusion of an explicit international humanitarian law (IHL) or humanitarian exception, the UNSC has – so far – failed to harmonize the counterterrorism legal framework with IHL, leaving it up to States to define the interaction between the two. In their national legislation and courts, States’ interpretations have varied but counterterrorism legislations have been used to adjudicate conducts in armed conflicts, regardless of their legality under IHL. As the domestication of UNSC offences is ongoing, good practices are highlighted in this paper and recommendations are offered to ensure the development of international customary law in accordance with IHL

Adjudication · Criminalization · International humanitarian law · International law · Political science · Politics · Principle of legality · Security council · Terrorism · Global Peace and Security Dynamics · Historical and Contemporary Political Dynamics · International Law and Human Rights · Law

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