Attacks by network-based transnational terrorist groups cause on average 25,000 deaths every year worldwide, with the law enforcement agencies of some states facing many challenges in bringing those responsible to justice. Despite various attempts to codify the law on transnational terrorism since the 1930s, a crime of transnational terrorism under international law remains contested, reflecting concerns regarding the relative importance of prosecuting members of transnational terrorist groups before the International Criminal Court. This book critically examines the limits of international criminal law in bringing members of transnational terrorist groups to justice in the context of changing methods of warfare, drawing from human rights, sociology, and best practices in international criminal justice. Drawing on organisational network theory, Anna Marie Brennan explores the nature of international crimes and assesses the potential for the International Criminal Court to prosecute and investigate alleged crimes perpetrated by members of transnational terrorist groups, paying particular attention to their modus operandi and organisational structure. This book argues that because of the network-based organisational structure of some transnational terrorist groups, achieving justice for victims will prove challenging, in the context of the relationship between the commanders and the subordinate members of the group requiring a re-evaluation of accountability mechanisms at the international level. In advancing an innovative perspective on the accountability of members of transnational terrorist groups, and in offering solutions to current challenges, the book will be of great interest and use to academic, practitioners, and students engaged in the study of terrorism, the ICC, or international humanitarian law.
Anna Brennan is a Lecturer in Law in the School of Law and Social Justice at the University of Liverpool, UK.
1. Introduction 2. The Network-Based Structure of Transnational Terrorist Groups: An Analysis of their Effectiveness in Perpetrating Terrorist Attacks 3. The Classification of Terrorist Attacks by Transnational Terrorist Groups as a Crime under the Rome Statute 4. The Evolution of a Customary Crime of Transnational Terrorism under International Criminal Law 5. Applying the Doctrine of Command Responsibility under the Rome Statute - The Dilemma of Successor Commanders 6. A Critique of the Application of the Doctrine of Co-Perpetration under Article 25 of the Rome Statute to Members of Transnational Terrorist Groups 7. Conclusions