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Defining International Terrorism: Between State Sovereignty and Cosmopolitanism

Defining International Terrorism: Between State Sovereignty and Cosmopolitanism

Author: Stella Margariti
Publisher: T.M.C. Asser Press
ISBN: 9789462652033
Published In: August 2017
Format: Hardback
Jurisdiction: Netherlands ? Disclaimer:
Countri(es) stated herein are used as reference only

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Description
Contents

Details

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 sovereign 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.

Introduction

State sovereignty, Cosmopolitanism and the International Criminal Court

The Paradigm of Aggression: State-centric and Cosmopolitan approaches in the effort to outlaw and criminalise Aggression

The Paradigm of Aggression: The Kampala Definition and Lessons learnt for the purpose of defining International Terrorism

The Paradigm of Terrorism: State-centric and Cosmopolitan approaches in some current efforts towards its criminalization

A Definition of Terrorism in the Making: Balancing State Interests with Cosmopolitan Ideals

Conclusion

Index.