CONTEMPLATING TERRORISM UNDER THE JURISDICTION OF THE INTERNATIONAL CRIMINAL COURT: PROBLEMS AND PROSPECTSCONTEMPLATING TERRORISM UNDER THE JURISDICTION OF THE INTERNATIONAL CRIMINAL COURT: PROBLEMS AND PROSPECTS

Özet

Terrorism as a multi-faceted and complex phenomenon has revealed many discussions in the context of international law. The core problems on the crime of terrorism stem from the non-agreement on the definition of terrorism due to the disagreements on the legal ingredients of a possible definition of terrorism or on the existence of a legal definition of terrorism and the political reasons behind the failure of states to relinquish their sovereignty on terrorism. Examining thoroughly these issues, this article explores the status of international criminal law and the International Criminal Court (“ICC”) on terrorism in the international legal framework, with a particular focus on prospects in respect of prosecuting terrorism under the customary international law or under the crimes against humanity or the war crimes which are the core crimes under the Rome Statute. Critically analyzing the prospects along with the elements of customary international law and core crimes in the framework of discussions in the academic literature, this contribution argues that the ICC may have a potential role in prosecuting terrorism under the crimes against humanity or the war crimes.