Status of the Participants of International Terrorist Groups in Terms of Combating Criminal Activity

Status of international terrorist groups’ participants remains under discussion in state practice and doctrine. The paper discusses, firstly, whether international humanitarian law applies to the global war on terror. Secondly, the rules if international humanitarian law are analyzed, in particular the status and treatment of members of such groups. Controversy has arisen regarding whether the targeted killings of terrorists should be considered as a part of the «war on terror» and judged according to international humanitarian law, or whether combating terrorism should be considered within a law enforcement framework, thus engaging international human rights law. The research identifies the conditions under which the targeted killing of terrorists conducted outside the context of an armed conflict is lawful. Moreover, the paper attempts to point out objective and subjective elements of definition of terrorism.