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Copyright (c) 2011 Georgia State University
Georgia State University Law Review

ARTICLE: TERRORISM AND UNIVERSAL JURISDICTION: OPENING A PANDORA'S BOX?

Winter, 2011

Georgia State University Law Review

27 Ga. St. U.L. Rev. 339

Author

Luz E. Nagle*

Excerpt



Introduction



The relationship between terrorism and international criminal law has provoked a good deal of discussion in the wake of the terrorist attacks of September 11, 2001 in New York City and at the Pentagon in Washington, D.C. A particularly challenging issue pertains to whether terrorism is an international crime or a transnational crime, and if and in what context offenders and offenses, to which we affix the label of terrorist and terrorism, should or can be subject to the limited jurisdiction of the International Criminal Court (ICC) and other international and national criminal tribunals.



While there are those who feel that terrorism should fall under the purview of universal jurisdiction, some scholars 1 argue that even while the "international state of emergency" 2 triggered by the events of September 11 generated worldwide, extensive, and severe legislation internationalizing a crime that is mainly "set deep within national borders," 3 acts of terrorism fail to merit ICC jurisdiction because the parameters of such acts remain undefined due to politics. The ICC "would be hard pressed to fulfill the goals of deterrence and justice for victims," 4 and in trying to do so some nations might respond to internal and external terrorist threats by erecting barriers to suppress fundamental rights "in the name of combating what seems to have become the 'crime of crimes' of the 21st century." 5



The notion of adding terrorism to a similar level of universally recognized extreme crimes elicits several concerns. First, ...
 
 
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