Terrorism and Universal Jurisdiction: Opening a Pandora's Box?

44 Pages Posted: 5 Apr 2010

See all articles by Luz Estella Nagle

Luz Estella Nagle

Stetson University - College of Law

Date Written: March 31, 2010

Abstract

In the wake of the terrorist attacks of September 11, 2001, a compelling legal debate has arisen pertaining to whether terrorism is an international crime or a transnational crime, and if and in what context actors and acts, to which we affix the label of terrorist and terrorism, should or can be subject to the jurisdiction of the International Criminal Court and other criminal tribunals having universal jurisdiction. Some legal scholars believe terrorists acts should be subject to universal jurisdiction, while others believe that elevating terrorism to the same level of universally-recognized extreme crimes elicits several concerns. This article examines both sides of the debate and presents arguments that terrorism should remain outside the framework of universal jurisdiction.

Keywords: terrorism, universal jurisdiction, transnational crime, International Criminal Court, criminal tribunals

Suggested Citation

Nagle, Luz Estella, Terrorism and Universal Jurisdiction: Opening a Pandora's Box? (March 31, 2010). Available at SSRN: https://ssrn.com/abstract=1582432 or http://dx.doi.org/10.2139/ssrn.1582432

Luz Estella Nagle (Contact Author)

Stetson University - College of Law ( email )

1401 61st Street South
Gulfport, FL 33707
United States

Do you have a job opening that you would like to promote on SSRN?

Paper statistics

Downloads
426
Abstract Views
1,731
rank
89,627
PlumX Metrics