Defining International Terrorism: Between State Sovereignty and Cosmopolitanism (International Criminal Justice Series, 15)

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 sovereignty 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. **Stella Margariti** has recently graduated from the University of Dundee where she attained the title of Doctor from the School of Law. Acknowledgements; Contents; Abbreviations; 1 Introduction; Abstract; 1.1 Definitions Of International Crimes, State Sovereignty And Cosmopolitanism; 1.2 Why Do We Need A Definition For Terrorism; 1.3 Terrorism And The Icc: Why Terrorism Was Not Included Into The Rome Statute; 1.3.1 Efforts To Include Terrorism Into The Rome Statute; 1.3.2 Why Terrorism Was Not Included Into The Rome Statute; 1.4 State Sovereignty Theories And International Law; 1.4.1 State-centric Theory And Cosmopolitanism In International Law 1.4.2 Procedural And Substantive Issues Of The Relationship Between State Sovereignty And International Criminal Law1.5 The Architecture Of The Book: The Interplay Between State Sovereignty Theories And Cosmopolitanism On The Process Of Criminalisation And Definition Of Aggression And Terrorism; References; 2 State Sovereignty, Cosmopolitanism And The International Criminal Court; Abstract; 2.1 Introduction; 2.2 The Two Theories; 2.2.1 The Traditional State-centric Theory About The Relationship Between Sovereignty And International Law; 2.2.2 Cosmopolitan Theory And International Law 2.3 Sovereignty And International Law: The Un Charter Provisions2.4 Sovereignty And International Law: The Rome Statute And The Principle Of Complementarity; 2.4.1 Complementarity In Principle; 2.4.1.1 Conditions Of Inadmissibility: Article 17; 2.4.1.2 'inability' As Lack Of Compatible Domestic Legislation; 2.4.2 Complementarity In Practice; 2.4.2.1 The Lubanga And Katanga Precedents: An Intrusive Icc?; 2.4.3 The Applicability Of The Complementarity Regime On Cases Of Aggression; 2.5 Conclusion; References 3 The Paradigm Of Aggression: State-centric And Cosmopolitan Approaches In The Effort To Outlaw And Criminalise Aggressionabstract; 3.1 Introduction; 3.2 The Covenant Of The League Of Nations: A Cosmopolitan Idea With A State-centric Application; 3.3 A Cosmopolitan Approach: 'crimes Against Peace' Under The Nuremberg And Tokyo Charters; 3.4 A State-centric Approach: 'act Of Aggression' Under The Un Charter And Unga Resolution 3314; 3.4.1 The Discretionary Powers Of The Security Council Under Un Charter Article 39; 3.4.2 The Unga Resolution 3314: A Poor Legal Precedent; 3.5 Conclusion Stella Margariti. Includes Bibliographical References And Index. Front Matter ....Pages i-xi Introduction (Stella Margariti)....Pages 1-26 State Sovereignty, Cosmopolitanism and the International Criminal Court (Stella Margariti)....Pages 27-61 The Paradigm of Aggression: State-Centric and Cosmopolitan Approaches in the Effort to Outlaw and Criminalise Aggression (Stella Margariti)....Pages 63-79 The Paradigm of Aggression: The Kampala Definition and Lessons Learnt for the Purpose of Defining International Terrorism (Stella Margariti)....Pages 81-108 The Paradigm of Terrorism: State-Centric and Cosmopolitan Approaches in Some Current Efforts Towards Its Criminalisation (Stella Margariti)....Pages 109-144 A Definition of Terrorism in the Making: Balancing State Interests with Cosmopolitan Ideals (Stella Margariti)....Pages 145-175 Conclusion (Stella Margariti)....Pages 177-184 Back Matter ....Pages 185-186 Annotation This volume 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