Legal Accountability for Terrorist Acts under International Law

Abstract

This study examines and analyzes the international legal framework for combating terrorism in light of contemporary security and political challenges that necessitate strengthening the international legal response to this growing phenomenon. The legal approach in this research focuses on reviewing and analyzing the most prominent relevant international conventions, assessing their adequacy in addressing terrorism from a comprehensive and integrated legal perspective. The study begins with the problem of the absence of a unified legal definition of terrorism in international instruments, which results in weak legal coordination among states and divergent legislative approaches regarding the characterization of terrorist acts. By analyzing the relationship between terrorism and international criminal law, the research addresses the possibility of considering terrorism as an independent international crime and examines the jurisdiction of the International Criminal Court over such crimes within the current framework of the Rome Statute. The research also explores the dimensions of international responsibility borne by states and non-state actors when implicated in financing terrorism or providing logistical support, in light of the rules on state responsibility for internationally wrongful acts. It highlights the challenges related to proving such responsibility, especially given the multiplicity of international non-state actors and the complexity of roles in contemporary terrorist operations. On the procedural side, the study discusses mechanisms of international cooperation in combating terrorism, such as extradition, information exchange, and mutual legal assistance, pointing out practical and legal shortcomings that limit the effectiveness of these mechanisms, particularly amid concerns related to human rights violations and state sovereignty. The research concludes that, despite relative developments, the current international legal framework requires comprehensive revision, including adopting a unified international definition of terrorism, strengthening accountability mechanisms, and developing legal cooperation tools to balance security needs with respect for fundamental human rights and international law principles.