Research and development in criminal law and criminology

Research and development in criminal law and criminology

Understanding Substantive and Procedural Developments in Combating Terrorist Crimes in International Criminal Law

Document Type : Original Article

Author
Peyman Namamian
Associate Professor of Criminal Law and Criminology, Faculty of Administrative Sciences and Economics, Arak University, Arak, Iran
10.22034/jclc.2024.718659
Abstract
Two decades have passed since the terrorist events of September 11, 2001, yet terrorist crimes still lack a universally agreed-upon definition. The necessity of reaching a consensus to provide a comprehensive definition and address the complexities of this phenomenon within the international community remains mandatory and undeniable. Thus, the most significant deficiency and gap in the international criminal law system is the absence of a comprehensive convention on terrorism that categorizes terrorist crimes as criminal acts in general. Nevertheless, the prevalence of this grave phenomenon has led to extensive legal developments, resulting in the approval of regulatory measures at both national and international levels. Governments, confronted with such threats, have sought to establish national regulations and, through comprehensive cooperation, have initiated the compilation and establishment of various documents in this field.
The lack of legal and international recognition of these crimes, due to the absence of consensus among governments and international organizations—despite the existence of international conventions against terrorist crimes in global, regional, and even extra-regional territories—facilitates their increasing occurrence, thereby jeopardizing international peace and security. This situation not only aids in preventing threats to international peace and security but also underscores the justification for criminalization.
Therefore, there is an imperative need to formulate a coherent, technical, legal, and comprehensive definition that remains free from the politicization of international organizations and governments. The adoption of principled mechanisms and the utilization of maximum cooperation among governments and organizations at regional and international levels in combating terrorist acts is indispensable.
Keywords
International Organized Crime
Terrorist Crimes
Rome Statute
International Criminal Court
International Criminal Law
Subjects

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Research and development in criminal law and criminology
Volume 1, Issue 1 - Serial Number 1
October 2024
Pages 344-375