Criminal News

ICC And Its Jurisdiction To Try Terrrorism Crime

Date: Tuesday May, 19 2009 10:35

The intensity of international relationship nowadays shows a borderless relation among the countries. The development of international relationship caused not only positive effects but also the negatives, and one of them is the increasing of potential crimes using privileges of international relationship.

If long years ago, the form of international crimes were still limited, nowadays it developed so rapidly. Narcotic’s crime, money laundering, human trafficking and even terrorism are part of international crimes that constitute actors from several countries.

Terrorism is not a new phenomenon, it was raised centuries ago and became world’s hottest issue since September 11th 2002 attack that shattered WTC building and killed thousands of people. Terrorism might have an international scale if it is aimed to aliens or foreign target; done by government or faction of more than one state collectively, and it is directed to influence the policy of other state. The number of terrorism organizations and terror attack increased year by year. There for, international action is being needed to solve it. There some international treaties regulating terrorism such as International Convention for the Suppresssion of Terorist Bombing,  1997 UN General Assembly Resolution. These treaties show that international society aware about terrorism threat.

 International law could not be seen as a system where state is the only actor, but it tends into non state actors which may threat world peace. This tendency has been followed up by the establishment of International Criminal Court (ICC) trough Rome Statute 1998 that can try gross human right violater and perpetrators who commited another severe crimes.

ICC has jurisdiction over genocide, crime against humanity, war crime and aggression. But ICC can not exercise its jurisdiction over those severe crimes directly. To enforce its jurisdiction over those crimes, there some conditions to be fulfilled. In case the state having jurisdiction over those crimes unwilling  or unable to do the trial over the crimes, thus the case is admissible to be investigated, prosecuted and tried by ICC.

ICC does not have jurisdiction over terrorism, but since the characteristic of terrorism today tend to comply the genocide’s and crime against humanity’s elements, thus the study of whether ICC has jurisdiction over it or not, comes as an important issue.[Des]

Terrorism may constitute the elements of genocide, if the target is being chosen selectively where the victims are group of nation, ethnic or certain religion group. The crime committed to member of the group trough assassination or causing severe physical or mental suffer among the members. Terrorism may also constitute the elements of crime against humanity, if the terror is a part of a widespread or systematic attack; it is directed against any civilian population, and committed as regulated in article 7 of Rome Statute.

Although terrorism has fulfill all element of genocide or crime against humanity which ICC has jurisdiction over them, it does not mean ICC may exercise its jurisdiction eventually. Since ICC becomes complement of national criminal jurisdiction thus ICC’s jurisdiction could only be exercised if the national criminal jurisdiction is unwilling or unable to do the trial.

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