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A New Forum for the Prosecution of Terrorists: Exploring the Possibility of the Addition of Terrorism to the Rome Statute's Jurisdiction

The International Criminal Court (“ICC”) is “the first permanent, treaty based, international criminal court established to help end impunity for the perpetrators of the most serious crimes of concern to the international community.”1 On July 17, 1998, 120 states adopted the Rome Statute to establish the ICC.2 Subsequently, the Rome Statue was ratified by 60 countries and became effective on July 1, 2002.3 Currently, there are 113 states that are parties to the ICC.4 However, it is important to note that the U.S., China, India, and Russia have refrained from joining the ICC.5 The Rome Statute’s jurisdiction includes: genocide, crimes against humanity, and war crimes.6 Crimes of aggression are also included in the court’s jurisdiction; however, these crimes were just recently defined on June 11, 2010.7 Heretofore, the international community has failed to include terrorism in the Rome Statute. In light of that failure terrorist acts have not been brought to the ICC because member states could not agree on a definition for terrorism.8 There has been continuous discussion regarding whether terrorism should be added to the Rome Statute’s jurisdiction since “terrorism is one of the biggest and most challenging threats the world is facing in the twenty-first century.”9 As of June 11, 2010, ICC members developed a definition for crimes of aggression so that these cases can be heard by the international tribunal.10 However, the ICC will not be