The Jurisprudence of Violent Extremism and Terrorist Attacks in International Law
- 1 Faculty of Law, Niger Delta University, Wilberforce Island, Nigeria
Abstract
International law is under pressure on how to deal with the alarming monumental increase on acts of violent extremism, terror acts and terrorist attacks on the global space. Acts of violent extremism, terror acts and Terrorist attacks appear to be taking diverse forms and shape in a manner that makes identification of such acts problematic and cumbersome. What is more worrisome is the general permutation that what was hitherto considered acts of violent extremism, terror acts and terrorist attacks can no longer be classified as acts of violent extremism, terror acts and terrorist attacks because of the dynamic nature of law and society. Equally alarming is the technologically driven sophistication and complexity of the present-day acts of violent extremism, terror acts and terrorist attacks. This paper seeks to examine and demonstrate the contemporary developmental challenges associated with the fluid concept of violent extremism, terror acts and terrorist attacks in international law. It unveils the contemporary jurisprudential relevance in the criminalization of acts of violent extremism, terror acts and terrorist attacks under international law. This work further attempts to analyze the contemporary evolution of the concept of acts of violent extremism, terror acts and terrorist attacks in international law and the general discourse on the call for criminalization of all acts of violent extremism, terror acts and terrorist attacks . It equally seeks to analyze the modern jurisprudence of acts of violent extremism, terror acts and terrorist attacks as conventional crimes and terrorism as international infractions. One enthralling challenge is the intriguing complex nature, interpretation, definition and systemic concerns of the concepts of acts of violent extremism, terror acts and terrorist attacks under universal jurisprudence in international law. What is however generally accepted is the fact that acts of violent extremism, terror acts and terrorist attacks in all their ramifications are counter-productive to the peace, stability and security of the international community.
- Andreas, P. P. (2004). The Clandestine Political Economy of War and Peace in Bosnia. International Studies Quarterly, 48, 29-52. https://doi.org/10.1111/j.0020-8833.2004.00290.x
- Bash, F. F. (2007). The Doctrine of the Inter-American Court of Human Rights Regarding States Duty to Punish Human Rights Violations and Its Danger. American University of International Law Review, 23, 2011-2020.
- Brubacher, M. R. (2004). Prosecutorial Discretion within the International Criminal Court. Journal of International Criminal Justice, 6, 85-92.
- Damaska, M. (2008). What Is the Point of International Criminal Justice. Chicago-Kent Law Review, 83, 336-343.
- Frederic, M. (2002). The Politics of International Criminal Justice. European Journal of International Law, 13, 1266-1276.
- Galbraith, J. (2009). The Pace of International Criminal Justice. Michinga Journal of International Law, 31, 83-90.
- Luban, D. A. (2004). Theory of Crimes against Humanity. Yale Journal of International Law, 29, 130-146.
- Luban, D. J. (2008). Fairness to Rightness: Jurisdiction, Legality, and the Legitimacy of International Criminal Law. SSRN Electronic Journal . https://doi.org/10.2139/ssrn.1154177
- Macdonald, A. (2017). “In the Interests of Justice?” The International Criminal Court, Peace Talks and the Failed Quest for War Crimes Accountability in Northern Uganda. Journal of Eastern African Studies, 11, 628-648. https://doi.org/10.1080/17531055.2017.1379702
- Mégret, F. (2018). International Criminal Justice as a Peace Project. European Journal of International Law, 29, 835-858. https://doi.org/10.1093/ejil/chy057
- Pichard, D. (1998). When Does Crime a Threat to International Peace and Security. Florida Journal of International Law, 12, 4-9.
- Turchin, P. (2012). Dynamics of Political Instability in the United States, 1780-2010. Journal of Peace Research, 49, 577-591. https://doi.org/10.1177/0022343312442078