This article argues that terrorism does not belong within the realm of international criminal law. On the surface, it is the lack of internationally agreed definition of terrorism and its domestic law origins that set it apart from the notions of crimes against humanity, war crimes and genocide. Digging just a little deeper, the divergence, which is best explained using the language of criminology, stems from the political nature of the war on terror. Terrorism is a policy offence utilised by states in pursuit of broader governance objectives.