الإرهاب الدولي والمحكمة الجنائية الدولية

Abstract EN

One of the key objectives of the ICC is to prosecute and punish war criminals who have serious threats to international peace and security.

Currently, facts confirm the seriousness and spread of the phenomenon of international terrorism which has become a threat to all the world without exception.

This fact is accompanied by a similar one representing in the impunity of war criminals; therefore, vigorous efforts have been made by the committees specialized in terrorism and mandated by the secretary-general of the United Nations and the General Assembly and by the delegations of some States members in the Preparatory Conference during the preparations for the Rome Conference to include terrorism within the subject-matter jurisdiction of the international criminal court (ICC).

During the period from 1990 to 1998, the international efforts focused on the inclusion of crimes of international terrorism within the ICC jurisdiction; these efforts have collided with the efforts of other States opposing this inclusion to maintain their interests in using terrorism as an element in international relations and to protect their soldiers and leaders involved in terrorism from appearing before the International Criminal Court (ICC) and not to punish them, especially the international criminal court (ICC) disregards the personal immunity.

The negative attitude towards the inclusion of terrorism within the subject-matter jurisdiction of the court was because there is no an internationally agreed definition for international terrorism.

Although there are many definitions for terrorism including acts of terrorism stated in international conventions or as a description of a situation, these States insisted on their rejecting position.

Paragraph (E) of the outcome document of the Diplomatic Conference of Plenipotentiaries concerning the establishment of an international criminal court, which had been written in Rome on 17-8-1998, stressed on the need to include terrorism in the review conference to be held seven years after the entry into force of the Convention, which was held later in Kampala.

Moreover, it stressed on the need to include an item to discuss the extension of the subject-matter jurisdiction of the International Criminal Court.

In the result, it had been strongly opposed by the United States of America and Israel, the research discussed it in details explaining the real motives behind this rejecting position of the United States and Israel.

It is clear from the research that the will of the United Nations is tied to the will of the United States and Israel, on whose behalf the United States is using the right of veto in the Security Council, and this will remain tied until the international system changes and new forces emerge to face the arrogance, limit its power to spread its will in international organizations and bring back justice to weak and oppressed people in the world.

This research is part of the thesis submitted by the researcher "MOHAMMED MAREE JASIM" and under the supervision of assist.

Prof.

Dr.

ABBAS ABBOOD ABBAS.