In the Pursuit of International Criminal Justice: Exploring the Inclusion of the Crime of Terrorism as Part of the Rome Statute

Abstract

This study aims to explore the inclusion of the prohibition of terrorism as part of the Rome Statute. This study is important in that it sheds light on the nature of the crime of terrorism, a concept as unclear as it is divisive. It also elucidates the eligibility requirements for the inclusion of crimes in the Rome Statute, the status of which remains uncertain. This study is divided into three parts. Part I focuses on establishing the nature of the crime of terrorism. To achieve this, the status of the prohibition of the crime of terrorism is assessed under both conventional and customary international law. The assessment of the prohibition of the crime of terrorism will allow us to identify the emergence of the elements of the crime. Based on these elements and the assessment of the definitions of the crime of terrorism provided in both conventional and customary international law, Part I argues that a definition for the crime of terrorism has emerged under conventional international law and that this definition is supported by customary international law. Part II establishes the eligibility criteria for the inclusion of crimes under the Rome Statute. Once the eligibility requirements have been identified, the remainder of Part II focuses on analysing these requirements to establish how one might identify crimes eligible for inclusion under the Rome Statute. Part III argues whether the crime of terrorism is eligible for inclusion in the Rome Statute on the strength of the analysis in Parts I and II. In summary, the study demystifies the nature of the crime of terrorism, provides clarity on the eligibility requirements for the inclusion of crimes in the Rome Statute, and assesses whether the crime of terrorism is eligible for inclusion in the Rome Statute.