Terrorism: The Politics of Prosecution

International terrorism lies at the cusp of crime, states' domestic politics, and international relations. Precisely because terrorist offenses are poised at that volatile intersection, significant practical, legal, and political difficulties attend the exercise of criminal jurisdiction over terrorist crimes in any forum. Prosecutions in the domestic courts of affected states pose one set of concerns, while prosecutions in an international criminal court-or in the domestic courts of third-party states under universal jurisdiction-pose others. This essay examines the factors underlying the jurisdictional difficulties in this field and considers the implications of those factors for future policy.