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- Title
'Cosmopolitan Citizenship', Territorial Borders, and Bringing Denationalized Terrorists to Justice.
- Authors
Seet, Matthew
- Abstract
This article challenges scholarly claims that a post-national 'cosmopolitan citizenship' — an expanded and less territorially bounded belonging of 'humanity' — has been emerging in the international criminal justice context. In examining the contemporary denationalization of terrorists from the under-explored angle of criminal justice, this article argues that states' territorial borders prevent denationalized terrorists — deemed enemies of 'humanity' — from being brought to justice. Some states strip citizenship from terrorists without holding them accountable for terrorist offences and international crimes, subsequently deporting them to — or leaving them stranded in — states which are, according to international criminal law, 'unable' or 'unwilling' to prosecute. As such, states' territorial borders serve as a 'shield' which not only enable denationalized terrorists to avoid accountability for their terrorist offences and international crimes, but which also enable states to avoid their international obligations to bring terrorists to justice. This case study of denationalized terrorists not only demonstrates the enduring relevance of territoriality to international criminal justice but also broadly demonstrates how post-national 'citizenship' remains tied to the territorial state in a globalized world.
- Subjects
INTERNATIONAL criminal law; INTERNATIONAL law; CRIMINAL jurisdiction; HUMANITY; LEGAL status of terrorists
- Publication
Journal of International Criminal Justice, 2021, Vol 19, Issue 2, p247
- ISSN
1478-1387
- Publication type
Article
- DOI
10.1093/jicj/mqab011