The International Criminal Court: An Inquiry into its Capacity to Legally Prosecute Terrorism under its Current Jurisdiction
This thesis aims at illustrating the need for terrorism to be incorporated into the jurisdiction of the International Criminal Court. First, it explores the ICC as an institution: its history, how it is currently operating, its role in the international community, and the general challenges facing the court’s legitimacy as a court of law capable of prosecuting individuals. Second, it analyzes the strengths and weaknesses of the various treaties and agreements that are currently aimed at targeting terrorism. Third, it discusses the various debates concerning the adoption of an internationally appropriate definition of terrorism. Fourth, it looks at the ability of the ICC to prosecute terrorist crimes as “crimes against humanity”. Upon closer inspection it appears that the elements of most terrorist activities do indeed meet the criteria already incorporated into the Court’s statute. Finally, it examines the July 7, 2005 bombings as a case study.