Considerations regarding the International Court against Terrorism 63
and of the international society to join in the struggle against this new enemy.
Thus, we can list two categories of terrorist activities as follows :
- “Undertaking, organizing, sponsoring, ordering, facilitating, financing,
encouraging or tolerating acts of violence against another State directed at persons or
property and of such a nature as to create terror, fear or insecurity in the minds of public
figures, groups of persons, the general public or populations, for whatever considerations
and purposes of a political, philosophical, ideological, racial, ethnic, religious or such other
nature that may be invoked to justify them;
- The use of firearms, weapons, explosives and dangerous substances when used as a
means to perpetrate indiscriminate violence involving death or serious bodily injury to
persons or groups or persons or populations or serious damage to property”7.
Considering that the Final Act of the Rome Statute Conference of the
International Criminal Court notes the absence of a generally accepted definition of
terrorism, recommending, as a consequence, the inclusion of the terrorist offense in
the jurisdiction of the ICC, for a future review, a series of UN General Assembly
resolutions have been issued which set up an Ad Hoc Committee8 to develop a
comprehensive international convention on international terrorism in a coherent
legal system for the legal framing of international terrorism.
In this context, following the terrorist events of 2015, the Foreign Ministers of
Romania and Spain at that time proposed, within the EU Foreign Affairs Council9,
the idea of setting up an International Criminal Court against terrorism (CIT), a
criminal international criminal organization in order to discourage acts of
terrorism and to punish those who commit such acts wherever they may be
However, the creation of such a jurisdiction will not be a panacea either, since
the Court may have serious difficulties in judging international acts of terrorism
committed in the territory of states that are not part of its Statute or by nationals of
these states, as it is possible to happened in present days in the case of the
International Criminal Court.
II. How would the Court look like?
Compared to the initial criminal jurisdictions, created ad-hoc for specific cases
and circumstances, starting with the courts from Nuremberg and Tokyo, the
International Court against Terrorism should be more similar to the International
Criminal Court, as permanent jurisdiction, established by a specific international
treaty and belonging to the United Nations system.
This vocation of permanence has evident advantages. Thus, the existence of
such a Jurisdiction will contribute to try all terrorist offences perpetrated under its
8 UN Resolution 51/210 - http://www.un.org/documents/ga/res/51/a51r210.htm
9 http://www.consilium.europa.eu/media/23364/outcome-of-the-council-meeting_fac_150 209_ f r.pdf