Terrorism as a core international crime: a case for the amendment of the Rome statute

Abstract

It is widely accepted that the international community has an interest in the prevention and prosecution of certain crimes. These crimes are regarded as so egregious that they transcend state sovereignty and are subject to universal jurisdiction. A number of crimes have consistently been recognized as being subject to universal jurisdiction owing to their severity and the universal condemnation which such conduct evokes from all nations and peoples of the world. The reasoning is that such crimes threaten the most fundamental interests of the international community. It has been established that genocide, crimes against humanity, war crimes and crimes of aggression are grave international crimes within the international community. Terrorism is as heinous as all the other core crimes presently included in the Rome Statute. It destroys infrastructure, increases violence and fear, disrupts livelihoods, has resulted in bloodshed and affects production in all sectors of the economy. The operation, command and control of terrorist groups is transnational in nature. It is an international crime. As a result, counter-terrorist measures will not be effective unless all nations adopt a common approach to the treatment of terrorism as an international crime. The point of departure should be to recognize terrorism as a core international crime under the Rome Statute. This will grant the International Criminal Court jurisdiction over acts of terrorism as a distinct offence. This study seeks to argue for the amendment of the Rome Statute to include terrorism as a core international crime.