An ISIS Tribunal – A Legitimate and Appropriate Instrument to Counter Terrorism within International Law?
An ISIS Tribunal – A Legitimate and Appropriate Instrument to Counter Terrorism within International Law?

Summary/Abstract: The aim of this research is to emphasize whether an ISIS Tribunal – an ad-hoc tribunal to prosecute ISIS fighters would be a legitimate and appropriate instrument to counter the terrorism phenomenon through international legal means, by also taking into consideration the other options of holding the ISIS perpetrators accountable for their acts, such as bringing them in front of national courts in their home countries, before the courts of Iraq and Syria or the prosecution of the ISIS offenders by the International Criminal Court. When analysing the feasibility of the creation of such a tribunal, also the set-up options will be taken into account, as well as the applicable law. Discussing the possibility of establishing a tribunal aimed to judge terrorism acts is relevant and will bring advantages to the international community since it might lead to the development of the international law regarding terrorism. Having a tribunal judging terrorism-related crimes might play a role in outlining a definition of terrorism, which is very much needed in the international law, taking into consideration the growth in amplitude and frequency of the terrorism phenomenon and the current international impasse regarding consensus on a common global concept of terrorism, in spite of almost 100 years of international efforts.

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