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  • Alex Wok

Terrorism & the ICC



Facts:

  • The ICC was established in 1998 through the implementation of the Rome Statute, to prosecute crimes against humanity, genocide, war crimes and crimes of aggression. Notably, the ICC cannot prosecute crimes of terrorism as it is not within their jurisdiction.

  • In response, international mechanisms are being adopted and ratified in national states in a bid to prevent further terrorist crimes. Such as the Terrorism Financing Convention which has a total of 187 ratified states however there have been very few domestic prosecutions.

  • The difficulty of prosecuting terrorism has drawn considerable concern from the international community.

Issue:

In light of the transnational nature of terrorism, should the ICC be given jurisdiction to prosecute terrorism?


Sources:


  1. Neil Boister, ‘Treaty crimes, International Criminal Court?

  2. International Policy Digest, ‘International Criminal Court: Successes and failures

  3. Mark D. Kielsgard, ‘A human rights approach to counter-terrorism

  4. Herald Sun, ‘Dodgy Australian charities funding terrorist groups: AUSTRAC report

  5. New York Times, ‘South Africa should have arrested Sudan’s president, I.C.C. rules

  6. Richard J. Goldstone & Janine Simpson, ‘Evaluating the role of the International Criminal Court as a legal response to terrorism'

  7. Aviv Cohen, ‘Prosecuting terrorists at the International Criminal Court: Re-evaluating an unused legal tool to combat terrorism

  8. Article 12 of the Rome Statute.


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