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This book carefully and thoroughly analyzes the legal questions raised by the phenomenon of terrorism - and past and recent efforts to fight it - from the perspective of international humanitarian law (IHL). The objective is to substantially contribute to a better understanding of the issues surrounding the content and applicability of IHL as it applies to terrorism, as well as to analyze and contextualize the current debates on these controversial and critically important questions. While due heed is paid to doctrinal debates, particular emphasis is placed on the practice of social actors,...

The assumption is growing that legal impediments to the exercise of jurisdiction are invalid in the face of the imperative to prosecute international crimes. This analysis of seven principal impediments comparatively analyses each from the perspective of their historical origins, the policy contexts justifying them and the legal arguments used by courts and commentators to either uphold the barrier to prosecution or to reject its application so that prosecution remains unhindered. The seven impediments are: (1) Amnesties, (2) Pardons, (3) Statutes of Limitation, (4) Abuse of Process, (5)...