The Crime of Terrorism: An analysis of criminal justice process and accountability of minors recruited by the Islamic State of Iraq and Al-Sham

This article discusses the legal dilemma of minors involved in terrorist acts and related offenses in the Islamic State ranks. The article provides a detailed analysis of the consistency and inconsistency between the rule of law provisions related to minors in combat and counter-terrorism practices. It examines the extent to which existing legislative gaps expose minors to a system of human rights abuses. The lack of monitoring on counter-terrorism activities in conjunction with an excessive deference to the executive in Syria and the United States supports the emergence of a climate of impunity for actions committed by state officials in counter-terrorism operations. The security imperative to combat terrorism ultimately causes the derogation of rule of law and influences the performance of the criminal justice system. This article illustrates how the failure to address terrorism and terrorism-related offenses at the international level provides for nation-states to issue anti-terrorism treaties which disrupt principles of juvenile justice,as they focus on inflicting punishment and do not envisage rehabilitation and reintegration. 

Published 2019-04-30