The Age of Impunity: Using the Duty to Extradite or Prosecute and Universal Jurisdiction to End Impunity for Acts of Terrorism Once and For All

Abstract

Impunity remains one of the greatest challenges facing international peace and security today. This article seeks to lay out possible changes to current international law that are necessary to combat impunity, particularly regarding the international crime of terrorism. Part II will lay out what terrorism is and the obstacles the international community faces in achieving a singular definition for the word. Part II will also discuss the different approaches various conventions have taken in defining terrorism and will propose a concise definition the international community may want to adopt. Part II will end with calling for terrorism to be included as a crime against humanity or a war crime depending on the situation. Part III will describe the international legal duty to extradite or prosecute, and its elevation to a non-derogable, jus cogens, norm in international law. Part IV will then explain universal jurisdiction and discuss how the crime of terrorism is a crime under for universal jurisdiction may apply. Part V will link all of the concepts in Parts II through IV and propose a novel legal framework the international community could adopt in combating impunity for the crime of terrorism. Part VI will offer a brief conclusion and present one argument available to end impunity for terrorists.