Abstract
As the overarching argument of this book goes, State sovereignty considerations and cosmopolitan ideals are the two principal driving forces in the development of international law in general and international criminal law in particular. However, these two dynamics ofter appear to conflict, with the former, typically based on political interests and exigencies, trying to push back any developments aspired to by the latter. For this reason, more often than not, international criminal law developments have been slow and often confronted by States which tend to have a rather conservative view of how international law should work in practice. This book has been an attempt to demonstrate how these two dynamics can be potentially reconciled in an effort to define and criminalise terrorism for international criminal justice purposes. It is the author’s view that not only is there an imperative need to finally agree upon a universal definition for terrorism but also that this definition should be more than a compromise between those who aspire to cosmopolitan ideas and those who prioritise State concerns over those ideas. The formulation of an international definition for terrorism, if ever achieved, should be seen as an example of how States and international criminal justice can work together towards the achievement of a common end which will eventually benefit all sides involved, States, individual victims and the international community, contributing meaningfully to the effectiveness of the international criminal justice system as it stands today.
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- 1.
Resolution RC/Res.6, Annex I, Amendments to the Rome Statute of the International Criminal Court on the Crime of Aggression (11 June 2010) (Kampala Resolution ) Article 15bis(6) (providing that the Prosecutor ‘shall first ascertain whether the Security Council has made a determination of an act of aggression committed by the State concerned’) and Article 15bis(8) providing that ‘the Prosecutor may proceed with the investigation in respect of a crime of aggression, provided that the Pre-Trial Division has authorized the commencement of [this] investigation…and the Security Council has not decided otherwise in accordance with Article 16’).
- 2.
Schabas 2012, p. 259 referring to the political factors that might influence the ICC Prosecutor in the selection of situations to be brought before the ICC.
- 3.
STL, Interlocutory Decision on the Applicable Law: Terrorism, Conspiracy, Homicide, Perpetration, Cumulative Charging, 16 February 2011, Case No. STL-11-01/1, para 90.
- 4.
Kampala Resolution , above n. 1, Article 8bis.
Reference
Schabas W (2012) The International Criminal Court: Struggling to Find its Way. In: Cassese A (ed) Realizing Utopia: The Future of International Law. Oxford University Press, Oxford, pp 250–260
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Margariti, S. (2017). Conclusion. In: Defining International Terrorism. International Criminal Justice Series, vol 15. T.M.C. Asser Press, The Hague. https://doi.org/10.1007/978-94-6265-204-0_7
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DOI: https://doi.org/10.1007/978-94-6265-204-0_7
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