Romkonferensens syn på terrorism

Sammanfattning

Abstract

In 1998 the United Nations held a diplomatic conference on the establishment of an International Criminal Court in Rome. In the end of the conference the negotiating states adopted the Rome Statute by which an international criminal court was established. The court, which entered into force on 1 July 2002, has jurisdiction over the crimes of genocide, crimes against humanity and war crimes. The court also has jurisdiction over the crimes of aggression but the court will only be able to exercise its jurisdiction of this crime category when the member states of the court have found a definition of the crime.

In the draft statute, which was prepared before the conference, acts of terrorism were a proposed crime. With the starting-point in the Rome conference this essay studies how the working-definition of crimes of terrorism was elaborated in the draft statute and how the state delegations viewed the crime. This information is then compared with how international law, within the antiterrorist conventions, has conceptualised crimes of terrorism.

The main results are that the working definition of terrorism gave no general definition of terrorism: instead the crime was constituted by three different definitions and that, furthermore, the draft statute does not clearly define how accts of terrorism differ from other crimes.