Terrorism, ICC and Role of State Interest

Abstract

The primary idea for the formation of an International Criminal Court was devised to deal with terrorism and drug trafficking but both crimes were not added to the Statute when such international mechanism/apparatus was designed owing to all states reservations regarding these crimes. Reasons provided for the non-inclusion of terrorism primarily includes the absence of a consensual definition and the minimal level of threat it posed at that time. It was only until the 9/11 terrorist attack in the beginning of the twenty first century that the world saw a rise in terrorism with US initiation of global war on terror, which caused the third world countries severe damage in terms of infrastructure and human lives. US used war on terror as a mean to conduct its own terrorist ventures in name of fight against terrorism to maintain its hegemony and curb the emerging powerful states. Other states too have been funding and supporting terrorist organizations to achieve their political, and socio economic goals. Terrorist organizations as a result have further strengthened their roots and have become almost invincible. Their prosecution could play a vital role in combating terrorism. National judicial system fails to prosecute terrorism efficiently and extradition in most cases is not permitted. Therefore, there is a need for an international mechanism to deal with prosecution of terrorism on global level. Terrorism addition to the Statute would have served the purpose but state sponsored terrorism has made states deliberately neglect this cause which is causing a serious deal to the world.