TAILIEUCHUNG - A Role for the International Criminal Court in the Fight against Terrorism?

On July 1, 2002, the International Criminal Court (hereinafter referred to as the “ICC” or the “Court”) will become operative. The ICC will have subject matter jurisdiction over crimes of genocide, war crimes and crimes against humanity. The Court will have jurisdiction over the crime of aggression as soon as agreement can be reached on a definition of that crime. Crimes of terror are not included in the subject matter jurisdiction of the Court. It is the purpose of the present thesis to assess arguments in favor and arguments against such inclusion of crimes of terror, and, if the arguments in favor are found to outweigh the. | . Leuven Faculty of Law Institute for International Law Working Paper No 26 - August 2002 A Role for the International Criminal Court in the Fight against Terrorism Kris Verdoodt The Institute for International Law of the groups the teaching and research in public international law and the law of international organisations at the Faculty of Law of the University of Leuven. The Institute also organises colloquia seminars workshops and lectures which bring current issues of international law to the fore. The working paper series started in 2001 aims at a broader dissemination of the results of the research of the Institute and of other researchers in the academic community and in society. It contains contributions in Dutch in English and in French. Reference may be made to these working papers with proper citation of source. For more information and a complete list of available working papers please visit the website of the Institute for International Law on Instituut voor Internationaal Recht . Leuven 2001-2002 Institute for International Law Tiensestraat 41 B-3000 Leuven Tel. 32 16 32 51 22 Fax 32 16 32 54 64 Prof. Dr. Jan Wouters Director 2 A Role for the International Criminal Court in the Fight against Terrorism Kris Verdoodt TABLE OF CONTENTS I. THE PROTRACTED PROCESS OF NEGOTIATING THE 1. 2. II. ARGUMENTS IN SUPPORT OF INCLUDING 1. 2. Arguments in support of including internal a Structural impunity - affected nation in state of political b Political context warranting a transfer of jurisdiction to the 3. Arguments in support of including international a Impunity - custodial state neither prosecutes nor b Political context warranting a transfer of jurisdiction to the III. ARGUMENTS AGAINST INCLUDING 1. Arguments against the establishment of the ICC as a The principle of .

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