International Criminal Law & Its Challenges

This assignment delves into the intricacies of international criminal law. It examines the historical development of this field of law, focusing on the concepts of war crimes, crimes against humanity, and the International Criminal Court (ICC). The analysis considers various theoretical perspectives on the effectiveness of international criminal justice and explores real-world examples of prosecutions and challenges faced by the ICC.

Comparative analysis of Crime against humanity and war crimes in International Criminal Court (ICC)
with the terrorism

Comparison of elements and severity of Crimes against Humanity and
Terrorism
The research has identified that while terrorism is different from the crimes against humanity. It
is found that the elements and severity of the crimes against humanity and terrorism are majorly
different. However, at the same time there are many acts executed under the terrorism that can be
subject to consideration under the defined crimes against humanity.
The most prominent and severe element of terrorism is the violence. It is argued by the
researchers that the violence caused by terrorism is not only severe but also detrimental to the
society1. However, before the elements of terrorism are compared with the crimes against
humanity, it becomes essential that the comprehensive understanding of the terrorism elements
are gained.
It is found that the violence under terrorism is an action that causes not only physical but also
psychological and emotional trauma. While the elements of crimes against humanity are defined
and distinguished by the categories and different types of crimes, the elements and severity of the
terrorism lies in a broader understanding2. This is considered as the violence in terrorism takes
on a border form wherein wide range of actions are performed by terrorists to instil fear for
future attacks among the people.
According to the research, component of the fear is the a critical and second most severe element
which creates a sense of anxiety for the citizens and population that is based on the threats that
1 M. Cherif Bassiouni, and William A. Schabas, eds. The Legislative History of the International Criminal Court (2
vols.): Second Revised and Expanded Edition. (BRILL, 2016).
2 Roberto Bellelli, ed. International Criminal Justice: law and practice from the Rome Statute to its review.
(Routledge, 2016)

can emerge in the near future3. The fear functions as a tool to create a tool that can maintain
constant psychological threat among the national citizens to experience a violent incident of
terrorism.
Third element of the terrorism is a broad audience. While this element does not indicate the type
of violence or crime being caused, this element indicates high severity of the crimes. It can be
considered since the broad audience element indicates that each crime that takes place affects
large group of audience which results in greater destruction and loss of life.
The elements of terrorism are contrasting from the elements of crime against humanity as
established by ICC. It has been suggested by the researchers that purposiveness is an element of
terrorism that makes the decision makers within terrorist groups to be mindful of not only the
goals but also the actions and impact that will materialize on the target audience. Hence, the
actions of terrorism are not caused by accident but they are highly planned and oriented to cause
greater damage.
The political power is considered as fifth element of terrorism as per the wide range of authors as
the terrorist attacks are aimed to influence the decisions of the key political bodies and change in
power4. Similarly, the crime against civilians is another element of terrorism wherein the people
that are targeted are civilians. Hence, the severity of the crimes committed by terrorism are
highest since the armed terrorist forces exert power on the unnamed civilians to inflict both fear
and violence.
3 Christine Byron. War crimes and crimes against humanity in the Rome Statute of the International Criminal Court.
(Oxford University Press, 2013)
4 Antonio Cassese, and Paola Gaeta, Cassese's international criminal law. (Oxford university press, 2013)

The last but not the least element of terrorism is instrumental. The focus of the instrumental
element indicates that the terrorism focuses not only on the immediate result of the crimes but
also to achieve a larger impact of the actions commenced5. This indicates that the crimes
undertaken by terrorist are often formed in a strategic manner that one follows another to
magnify the impact of each impact that could have been achieved individually. Therefore, a
cumulative impact of the multiple attacks are achieved by undertaking both larger level and
smaller scale attacks over civilians.
Comparison of the elements and severity of terrorism with the elements and severity of crimes
against humanity has indicated that the terrorism takes place in a broader context that not only
consist of the elements present in the crimes against humanity but also surpasses the elements of
crimes against humanity identified by ICC.
As highlighted by the ICC, there are 16 elements and severity of the crimes against humanity
that are considered to be seriously offensive. First element of murder is regarded as highly
severe. However, it is to consider that the terrorism often undertaken an organized effort wherein
the planning to murder mass people is undertaken6. Hence, it can be considered that while
murder is an element of crimes against humanity, it is commonly committed during terrorism.
The second element of extermination indicates the above asserted instance wherein the terrorist
groups directly kills a group of people. Such actions comprises of not only murder but also
assassinations and massacre.
5 Robert Cryer, et al., An introduction to international criminal law and procedure. (Cambridge University Press,
2014)
6 David P. Forsythe, Human rights in international relations. (Cambridge University Press, 2017)

Enslavement is the third element of crimes against humanity. Enslavement can be considered
wherein a single or more individuals are captured for subjugation by the groups7. Terrorism
groups exploits the low economic areas where the cost of living is rising by disenfranchising
their children and dedicating them to the cause and goals of the terrorism. Hence, while the
elements of terrorism does not clearly highlight enslavement, the children are recruited and
supressed for enslavement towards fulfilling the goals of the terrorist group. Literature has
indicated that the enslavement in terrorist does not take a literal form wherein the individual is
chained but it psychological enslavement takes place where the resources and freedom are
provided to the children and individuals to perform actions that are limited to achieving the
terrorism goals8.
Comparison of the forcible transfer of population as an element of crime against humanity and
imprisonment with the elements of terrorism identifies to correlate as the individuals that are
found to be against the terrorist groups by their key leaders are subject to torture, imprisonment
or murder.
While majority of the terrorist attacks are remembered by the mass media and people in the form
of the major incidents consisting of bombing9. Less severe terrorist attacks have also taken place
in the past wherein large group of people were subject to torture, rape, sexual slavery, enforced
prostitution, forced pregnancy, enforced sterilization and sexual violence along with the
disappearance of people. It is found that the persecution and apartheid are prevalent within
7 T. Markus Funk, Victims' rights and advocacy at the International Criminal Court. (Oxford University Press,
2015).
8 Raphael Lemkin, and Judge José D. Inglés, ‘When Convention surveying in the 1947 UN and debates 1948, one on
finds the draft that Genocide the com-mon reference that permeated the discussion appears to be political groups.
The question of whether to extend protection to political groups had three undercurrents: the suppression of
opposition in real time, extradition of alleged war criminals, and historical precedents. In the face of the attempts of
Western delegations to dispose of cultural groups by delegating this issue to the Com-mission on ....’ The Soviet
Union and the Gutting of the UN Genocide Convention. (University of Wisconsin Pres, 2017)
9 Mauro Politi, The Rome Statute of the International Criminal Court: a challenge to impunity. (Routledge, 2017)

terrorism when a community is subject to be under a terrorist attack by large number of
individuals.
Suggestion if terrorism can be prosecuted as crime against humanity
It has been identified from the critical comparison between the elements and severity of crimes
against humanity and terrorism that many actions that are undertaken by terrorists are such that
are considered by the elements of crimes against humanity. Range of 16 elements of the crimes
against humanity were identified in the comparison above which indicates that these actions can
be either part of a systematic or widespread attack against any group of civilians with the
information of attack.
Therefore, terrorism can be prosecuted under the crimes against humanity by ICC. This can be
considered as the actions performed by the terrorists as per article 7 such as murder can not only
by proven given that mass murder is the most common occurrence but also the intention behind
mass murder can be established since the elements of terrorism are to create violence to promote
fear. Hence, terrorism actions that meets any of the elements established in the article 7 by ICC
can be prosecuted. This will allow the members of the terrorist organization to be prosecuted for
not only the murder as a crime against humanity but also other crimes, This has been asserted as
the terrorism takes place with combination of crimes wherein murder, torture, enslavement and
imprisonment are common.
The comparative analysis has indicated that the elements of crimes against humanity are
commonly occurring within terrorism due to which it becomes imperative to prosecute the
terrorism under crimes against humanity. This assertion can be supported by the research that
terrorists plan and organize the actions to create a series of terror and fear instilling events that

encompass number of crimes that are recognized under the article 7 for the crimes against
humanity.
For an example, the infamous 9/11 attack caused the mass murder to take place as a result of
plane’s collision with the building. Hence, this incident indicates that while the intent of the
terrorism actions are to create fear, the intention of murder and extermination of largest possible
group of civilians is an underlying factor that enables the terrorists to achieve the intent of
creating fear10. Therefore, the prosecution of terrorism under the crimes against humanity with
consideration to the purposiveness as an element of terrorism will allow the ICC to realise that in
the case of terrorism, murder that takes place as a result of any actions such as plane collision are
not accidental but planned to cause a single murder to an extermination of group in order to
achieve the wide spread of fear. Hence, the inclusion of terrorism in crimes against humanity is
critical in order to recognise terrorism as a serious international crime.
Comparison of the elements and severity of War Crimes and Terrorism
The researchers have argued that certain actions are committed by the terrorists that work
individually or a part of terrorist organization which can be classified as not only the crimes
against humanity but also under the war crimes. The fact that crimes committed by the members
of terrorist groups are considered as part of terrorism. However, at the same time, there are many
crimes that are not only part of terrorism but can also constitute as a war crime11. The existing
state of the definition and support for terrorism in ICC indicates that the lack of jurisdiction
10 Robert I. Odious Rotberg and Failed States, Humanitarian Responses. Failed States and Fragile Societies: A New
World Disorder? (2014): 119.
11 William A. Schabas, Atrocity crimes (genocide, crimes against humanity and war crimes) 10. The Cambridge
Companion to International Criminal Law, 2016) 199.

reduces the effectiveness of ICC to ensure justice for the crimes against humanity and war
crimes committed by the members of terrorist groups. This makes it essential that each action or
crime committed by the terrorist organization is viewed not only from the lens of terrorism but
also from the perspective of the war crimes as per the article 8 of ICC.
The article 8 of ICC indicates that the war crimes comprises of the serious violations of the
customs as well as laws that are applied in the international armed conflicts. According to the
ICC, different elements of war crimes can be considered for prosecution when they are
committed by an individual either on a large scale or part of the policy or planning12. The
elements of the war crimes as established by ICC are established across article 8 (2) (a), (b), (c),
and (d).
Elements of war crimes consist numerous crimes ranging from the wilful killing, torture and
inhuman treatment to the biological experiments, wilful great suffering, destruction and
appropriation of the property along with denial of fair trial and unlawful confinements, hostages
among more. The article 8 of ICC further considers the act of enlisting a children below 15 years
of age in the armed forces or their utilization within the hostility activities as a war crime
It is critical to note that the war crimes can take place during both international and non-
international armed conflict13. This can take place between two nations or within a region of a
single nation itself. The internal disturbances within the region such as riots and sporadic
violence acts are covered by the elements of war crimes present in the article 8 (2) (d).
12 Gerhard Werle, and Florian Jessberger, Principles of international criminal law. (OUP Oxford, 2014)
13 Kirsten Ainley, ‘The Responsibility to Protect and the International Criminal Court: counteracting the
crisis.’ (2015) 91.1 International Affairs 37.

It is found that the elements of wilful killing and torture takes place the most by the members of
terrorist groups in an international armed conflict zones. The prevalence of the terrorism in the
international armed conflict zones have increased in order to capture the opportunity of
increasing more conflicts among two nations or governing bodies of the region. The research has
identified that the terrorist groups are actively engaged in the recruitment and enlistment of the
children below 15 years of age within the armed forces of the terrorist organizations to advance
their objectives along with using the children into armed hostile environments.
The research has highlighted that the terrorism often uses the children from the low economic
households in light of providing them with the education and negligible compensation to the
parents of the household for sending their children with them. The terrorist organizations employ
the children not only for the purpose of developing them into leaders that can control and direct
the armed forces of terrorist group in the future but also actively uses them in the regional as well
as international armed conflict zones to promote the agenda of particular terrorist organization.
According to the article 8 (2) (b) of ICC, attacking civilians and attacking the civilian objects
during the armed conflict is considered as a war crime. However, the terrorists are found to target
the civilians primarily during the internal and international armed conflicts as a method to
increase the fear as well as to cause more damage to the parties involved in the conflict by
blaming the authorities for the loss of civilian’s life14. This practice is common within the
terrorism in order to showcase the internal government as a perpetrator through media wherein
the actual actions are undertaken by the terrorists. This indicates the manner in which members
14 Richard B. Bilder, and David P. Stewart. ‘Review Essay-The Norms and Challenges of International Criminal
Law, Treatise on International Criminal Law: Volume I: Foundations and General Part. By Ambos Kai. Oxford,
New York: Oxford University Press, 2013. Pp. xlviii, 469. Index. $175,£ 100. The Norms and Challenges of
International Criminal Law Treatise on International Criminal Law: Volume II: The Crimes and Sentencing. By
Ambos Kai. Oxford, New York: Oxford University Press, 2014. Pp. xliii, 339. Index. $175,£ 95’ (2015) 109.1
American Journal of International Law 214-224.

of terrorist groups are engaged in committing war crimes and being immune from it due to the
categorisation of terrorism.
The article 8 further indicates that is to a war crime to attack protected objects, denying
accommodation and destruction of the enemy’s properties, executing people without the trial
process and inflicting cruel treatment15. The research has found that the practices of the terrorists
in the armed conflict zone is consistent with the wide range of elements defined by ICC for the
war crime. Hence, this indicates that the war crimes that are considered for prosecution are
commonly committed by the members of terrorists as well but they are not prosecuted due to the
lack of jurisdiction of ICC on terrorism.
It is found that the elements of terrorism such as violence and fear are used as tools to instil
terror with the use of several crimes and techniques of committing the crimes that increases the
severity of the actions16. Apart from the murder, cruel treatment, attacking civilians and their
properties during the armed conflicts, the members of terrorist organizations further commits
pillage in order to secure the supplies, armour and funds required to both maintain and advance
their terrorist operations during and after the armed conflict. Not only the financial institutions
but also the local stores and shops containing the essential items for the survival are robbed the
most by the terrorists with the use of violence and heavy artillery.
The research has further surfaced that the sexual violence, enforced prostitution, rape and sexual
slavery along with the enforced sterilisation is used by the terrorist organizations as a tactic of
terrorism and to advance the conflicts in the zones that are already under armed conflicts17. The
15 Lauren Carasik, ‘Will Peace Bring Justice to Colombia?.’ (2016).
16 Rosa Ana Alija Fernández, and Jaume Saura Estapà. ‘Towards a Single and Comprehensive Notion of ‘Civilian
Population’in Crimes against Humanity.’ (2016).
17 Jonathan Hafetz. ‘Terrorism as an International Crime?: Mediating between Justice and Legality.’ (2015) ASIL
Annual Meeting Proceedings. American Society of International Law. 109.

terrorists have developed the strategies to undertake mass rapes committed by the parties
involved within the conflict along with the other offensive crimes such as killing, pillage and
forced displacement. The violence committed by the terrorist groups are based on the selective
targeting18. The targets are often selected from the opposing religious, ethnic, and political
groups. While, the sexual violence is committed during the house searches, checkpoints and
operations that take place in residential areas19. This allows the terrorist groups to not incentivise
the recruitment but also terrorise the populations along with displacing the civilians from their
homes as well as forcing the religion conversion through marriage in order to achieve the
objectives of the terrorist organization. The sexual violence is further used as a strategy by
terrorists wherein a rape of daughter is used by the terrorists to capture the perceived opponents
or the member of authorities.
Suggesting if terrorism can be prosecuted as War crime
It is to consider that the terrorism should be considered as a new element to be added within the
article 8 highlighting the war crime20. Terrorism is required to be prosecuted as a war crime in
order to not only reduce the prevalence of the incidents although it will take constant and
continuously improving efforts of covering all actions committed by the terrorists but also the
inclusion will allow the victims subject to the highly intense and severe crimes to be provided
with an outlet for justice.
It is to consider that while ICC provides justice to the victims of the war crime that were
undertaken by the military of the governments, the victims are not provided with neither any
18 Sinja Graf. "To Regain Some Kind of Human Equality: Theorizing the Political Productivity of ‘‘Crimes against
Humanity’’." Law, Culture and the Humanities (2015): 1743872115612326.
19 Kevin John Heller. ‘A genealogy of international criminal law.’ (2017).
20 Nina HB Jørgensen. ‘Complicity in Torture in a Time of Terror: Interpreting the European Court of Human Rights
Extraordinary Rendition Cases.’ (2017) 16.1 Chinese Journal of International Law 11-40.

governmental support nor justice from the government or ICC for the war crimes that are
undertaken by the terrorists during the armed conflicts21. Considering the extensive but non-
exhaustive list of war crimes that are identified by the ICC, it becomes imperative that the
terrorism is prosecuted under the war crime. The crimes committed by the individual terrorists or
the members of the terrorist groups are required by the recognized as war crimes upon match of
the crime with the elements of war crime in order to ensure that the perpetrator does not remain
unpunished.
Considering that terrorist organizations have realised the opportunities to spread the terror posed
by the armed conflicts and making mass murder, torture, pillaging and sexual violence as the
tactics of terrorism for the advancement of the conflicts makes it imperative that the terrorists are
prosecuted similarly to personnel from the military that are subject to have committed war
crime22. This will further result in placing a control on the wide spread and widely used strategies
and tactics of terrorism to promote conflict by causing physical and sexual violence over the
entire group of civilians within the armed conflict zones23. Furthermore, this will provide ICC
with the ability of ensuring that the punishment of the war crimes are not limited to only the
military and government agents that commit war crimes but also the individual terrorists and
members from the terrorist groups are also prosecuted in order to provide justice to the affected
victims since the war crimes also included acts of aggression24. This indicates that terrorism is
21 Kirsten MF Keith, ‘Deconstructing Terrorism as a War Crime: The Charles Taylor Case.’ (2013) 11.4 Journal of
International Criminal Justice 813
22 Minhas Majeed Khan, and Abbas Majeed Khan Marwat, ‘International Criminal Court (ICC): An Analysis of its
Successes and Failures and Challenges Faced by the ICC Tribunals for War Crimes.’ (2016) 11.3 Dialogue
(Pakistan).
23 Fiona Lau, ‘The Treatment of High Value Detainees Under the United States’ Extraordinary Rendition Program–
A Case of Crimes Against Humanity for the International Criminal Court.’ (2016).
24 Clare Frances Moran, ‘Defences for War Crimes and Crimes Against Humanity? Duress and the Rome
Statute.’ (2015) 18 Yearbook of International Humanitarian Law, TMC Asser Press 205.

already a part of the several crimes that exist under the ICC ranging from the crimes against
humanity and crime of aggression to the war crimes.
Benefits to prosecute terrorism in international criminal court
It is to consider that the prosecution of terrorism within the international criminal court will bring
many advantages and benefits. ICC provides with the capable court system as compared to the
legal systems of certain nations. It is to consider that the ICC will be able to ensure highest
standards of the processes and rights of the terrorist as an individual during the proceedings25.
The trials and hearing of the cases pertaining to crimes committed by terrorists will be fair in
nature as the ICC provides a chance for the victims to participate in the proceedings. Hence, the
court forum provided by the ICC will be not only neutral but also impartial which will result in
the most effective and justified decisions.
The increase in the scope of ICC’s jurisdiction of terrorism will allow the organization to cover
the terrorist group members that are strategically placed in the powerful position of the national
institutions. This is essential to be considered as the prospects of prosecuting the individual
holding a strong political position in the formal institution of the nation are not present26. Hence,
the ICC will be able to prosecute the member of the terrorist organizations that hold position in
the national government of any country as well. Furthermore, the expansion of the ICC’s
jurisdiction over terrorism will allow ICC to utilize the measure of counter-terrorism present in
the article 25 of Rome Statute for undertake new practices27. The article 25 will provide ICC with
the ability of exercising the jurisdiction not only on the primary perpetrator but also on the
25 Susanne D. Mueller, ‘Kenya and the International Criminal Court (ICC): politics, the election and the law.’ (2014)
8.1 Journal of Eastern African Studies 25.
26 Catherine Powell, ‘Rape as a Tactic of Terror: Holding the Islamic State Accountable.’ (2017).
27 Kafayat Motilewa Quadri, et al., ‘Admissibility and Jurisdiction before the International Criminal Court
Regarding the Boko Haram Situation in Nigeria.’ (2015) 23 Pertanika Journal of Social Sciences & Humanities.

accomplices of the individual with respect to the crime committed. This provision is important to
combat terrorism on the global scale since majority of the terrorism actions are undertaken
through the suicide attacks28. The suicide attacks takes place where the perpetrator has caused a
crime with the knowledge of dying upon executing certain actions which causes loss of large
group of civilians similarly to 9/11.
In the cases of suicide attacks, the ICC will be able to prosecute the individuals that aided
incited, abetted and facilitated the perpetrator to undertake the action. Hence, the wide range of
accomplices including the overall network of the terrorist organization can be prosecuted. It is
found that the consideration of the terrorism within the jurisdiction will enable ICC to strengthen
the domestic enforcement for the measures of counter-terrorism29. This can be considered since
the ICC was able to effectively control the crimes that were part of its jurisdiction through the
development of strong domestic initiatives. Apart from this, other benefits are also present with
the prosecution of terrorism by ICC. It will allow this body to develop a standard for the
prosecution of the terrorists and it will enable establishing both legal predictability and
generation of the cohesiveness.
It is to consider that the state of extradition will be improved with the consideration of terrorism
by the ICC. This can be considered as the states that does not function effectively on the bilateral
and multilateral basis, the higher expectations for cooperation and higher safeguards against
rights being abused will enforce the national state to comply and cooperate with ICC30. This will
enforce the countries that currently stall or refuse the extradition of the terrorist suspect will be
28 Julia Reilly, ‘Can International Criminal Law Deter Rebel Groups?: The Case of Uganda, the Lord's Resistance
Army, and the International Criminal Court.’ (2016).
29 Leila Nadya Sadat, ‘Crimes against humanity in the modern age.’ (2013) 107.2 American Journal of International
Law 334.
30 David P. Stewart, ‘The Norms and Challenges of International Criminal Law.’ (2015) 214.

required to extradite the terrorist in front of the ICC. Hence, it is to consider that the bilateral
cooperation by the national states will increase in order to avoid being considered as either
unable or unwilling to extradite the terrorist by the mass media or other governments. Moreover,
this will ensure that the not only the terrorism is considered a serious crime at the international
level but also it will enable condemning the terrorism altogether within the international
community.
The existing inefficiencies and lack of terrorism’s inclusion in the defined crimes as a problem
will be addressed on the global level and the jurisdiction of ICC will improve the global
condemnation of the terrorism and terrorist’s actions in order to reduce the prevalence as well as
lower the instances of terrorism across the globe for the political change.
It is to consider that the efforts of combating terrorism will be improved with the ICC’s
jurisdiction over terrorism. This can be considered as the impartial court is found to be the strong
link between the global objective of peace and the need for prosecution31. This will allow the
terrorism to be combated through the means of international court instead of the more forceful
measures that are currently used.
This indicates that the jurisdiction of ICC will make it imperative that member states cooperate
and expends resources in tracking and bringing the terrorist to the ICC. While this will still
require the member state to apprehend the perpetrators, it will ensure that the apprehended
perpetrators are not subject to any inhumane measures and instead receives the rights similarly to
a prisoner32. However, the ICC will ensure that a lawful trial is organized with the inclusion of
31 Harmen G. van der Wilt, and Inez L. Braber, ‘The case for inclusion of terrorism in the jurisdiction of the
International Criminal Court.’ (2014).
32 Lars Waldorf, ‘Inhumanity’s law: Crimes against humanity, RtoP and South Sudan.’ (2016) 53.1 International
Politics 49.

the victims from the crime for which the perpetrators are prosecuted and fair punishment is given
to them on the basis of the international articles ranging from elements of crimes against
humanity to the war crimes.
While, ICC does not have its own and unique police force, the need for cooperation by the state
members will require the countries to utilize their own military and police force to find the
perpetrators that are responsible behind the terrorist action and presenting them to the ICC.
Therefore, it will ensure that the countries do not provide any concessions or relief to the
members of the terrorist groups engaged in any crime recognized by ICC even when the
members of terrorist groups are present in the government of the country. Hence, inclusion of
terrorism by ICC will improve the transparency as well as accountability of the nations on
matters of terrorism.

References
Books
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Criminal Court (2 vols.): Second Revised and Expanded Edition. (BRILL, 2016).
Bellelli, Roberto, ed. International Criminal Justice: law and practice from the Rome Statute to
its review. (Routledge, 2016)
Byron, Christine. War crimes and crimes against humanity in the Rome Statute of the
International Criminal Court. (Oxford University Press, 2013)
Cassese, Antonio, and Paola Gaeta. Cassese's international criminal law. (Oxford university
press, 2013)
Cryer, Robert, et al. An introduction to international criminal law and procedure. (Cambridge
University Press, 2014)
Forsythe, David P. Human rights in international relations. (Cambridge University Press, 2017)
Funk, T. Markus. Victims' rights and advocacy at the International Criminal Court. (Oxford
University Press, 2015).
Lemkin, Raphael, and Judge José D. Inglés. ‘When Convention surveying in the 1947 UN and
debates 1948, one on finds the draft that Genocide the com-mon reference that permeated the
discussion appears to be political groups. The question of whether to extend protection to

political groups had three undercurrents: the suppression of opposition in real time, extradition of
alleged war criminals, and historical precedents. In the face of the attempts of Western
delegations to dispose of cultural groups by delegating this issue to the Com-mission on ....’ The
Soviet Union and the Gutting of the UN Genocide Convention. (University of Wisconsin Pres,
2017)
Politi, Mauro. The Rome Statute of the International Criminal Court: a challenge to impunity.
(Routledge, 2017)
Rotberg, Robert I. Odious and Failed States, Humanitarian Responses. Failed States and Fragile
Societies: A New World Disorder? (2014): 119.
Schabas, William A. Atrocity crimes (genocide, crimes against humanity and war crimes)
10. The Cambridge Companion to International Criminal Law, 2016) 199.
Werle, Gerhard, and Florian Jessberger. Principles of international criminal law. (OUP Oxford,
2014)
Journal article
Ainley, Kirsten. ‘The Responsibility to Protect and the International Criminal Court:
counteracting the crisis.’ (2015) 91.1 International Affairs 37.
Bilder, Richard B., and David P. Stewart. ‘Review Essay-The Norms and Challenges of
International Criminal Law, Treatise on International Criminal Law: Volume I: Foundations and
General Part. By Ambos Kai. Oxford, New York: Oxford University Press, 2013. Pp. xlviii, 469.
Index. $175,£ 100. The Norms and Challenges of International Criminal Law Treatise on

International Criminal Law: Volume II: The Crimes and Sentencing. By Ambos Kai. Oxford,
New York: Oxford University Press, 2014. Pp. xliii, 339. Index. $175,£ 95’ (2015) 109.1
American Journal of International Law 214-224.
Carasik, Lauren. ‘Will Peace Bring Justice to Colombia?.’ (2016).
Fernández, Rosa Ana Alija, and Jaume Saura Estapà. ‘Towards a Single and Comprehensive
Notion of ‘Civilian Population’in Crimes against Humanity.’ (2016).
Graf, Sinja. "To Regain Some Kind of Human Equality: Theorizing the Political Productivity of
‘‘Crimes against Humanity’’." Law, Culture and the Humanities (2015): 1743872115612326.
Hafetz, Jonathan. ‘Terrorism as an International Crime?: Mediating between Justice and
Legality.’ (2015) ASIL Annual Meeting Proceedings. American Society of International Law.
109.
Heller, Kevin John. ‘A genealogy of international criminal law.’ (2017).
Jørgensen, Nina HB. ‘Complicity in Torture in a Time of Terror: Interpreting the European Court
of Human Rights Extraordinary Rendition Cases.’ (2017) 16.1 Chinese Journal of International
Law 11-40.
Keith, Kirsten MF. ‘Deconstructing Terrorism as a War Crime: The Charles Taylor
Case.’ (2013) 11.4 Journal of International Criminal Justice 813
Khan, Minhas Majeed, and Abbas Majeed Khan Marwat. ‘International Criminal Court (ICC):
An Analysis of its Successes and Failures and Challenges Faced by the ICC Tribunals for War
Crimes.’ (2016) 11.3 Dialogue (Pakistan).

Lau, Fiona. ‘The Treatment of High Value Detainees Under the United States’ Extraordinary
Rendition Program–A Case of Crimes Against Humanity for the International Criminal Court.’
(2016).
Moran, Clare Frances. ‘Defences for War Crimes and Crimes Against Humanity? Duress and the
Rome Statute.’ (2015) 18 Yearbook of International Humanitarian Law, TMC Asser Press 205.
Mueller, Susanne D. ‘Kenya and the International Criminal Court (ICC): politics, the election
and the law.’ (2014) 8.1 Journal of Eastern African Studies 25.
Powell, Catherine. ‘Rape as a Tactic of Terror: Holding the Islamic State Accountable.’ (2017).
Quadri, Kafayat Motilewa, et al. ‘Admissibility and Jurisdiction before the International
Criminal Court Regarding the Boko Haram Situation in Nigeria.’ (2015) 23 Pertanika Journal of
Social Sciences & Humanities.
Reilly, Julia. ‘Can International Criminal Law Deter Rebel Groups?: The Case of Uganda, the
Lord's Resistance Army, and the International Criminal Court.’ (2016).
Sadat, Leila Nadya. ‘Crimes against humanity in the modern age.’ (2013) 107.2 American
Journal of International Law 334.
Stewart, David P. ‘The Norms and Challenges of International Criminal Law.’ (2015) 214.
van der Wilt, Harmen G., and Inez L. Braber. ‘The case for inclusion of terrorism in the
jurisdiction of the International Criminal Court.’ (2014).
Waldorf, Lars. ‘Inhumanity’s law: Crimes against humanity, RtoP and South Sudan.’
(2016) 53.1 International Politics 49.