protected persons), offences linked to civil aviation, offences linked to
ships and fixed platforms, and offences linked to dangerous materials.23
According to the International Convention for the Suppression of the
Financing of Terrorism, for example, terrorism includes any “act intended
to cause death or serious bodily injury to a civilian, or to any other person
not taking an active part in the hostilities in a situation of armed conflict,
when the purpose of such act, by its nature or context, is to intimidate a
population, or to compel a Government or an international organization
to do or to abstain from doing any act.” It requires the penalization of
specific offences related to the financing of terrorism thus defined.
The Security Council has recognized the ratification and effective
implementation of the universal anti-terrorism instruments as a top
priority. On 28 September 2001, acting under Chapter VII of the Charter
of the United Nations, it adopted resolution 1373 (2001), stating explicitly
that every act of terrorism constitutes a “threat to international peace
and security” and that the “acts, methods, and practices of terrorism
are contrary to the purposes and principles of the United Nations.” The
resolution also requires all States to criminalize terrorist acts; to penalize
acts of support for or in preparation of terrorist offences; to criminalize
the financing of terrorism; to depoliticize terrorist offences; to freeze
funds of persons who commit or attempt to commit terrorist acts; and to
strengthen international cooperation in criminal matters.
Depending on the context in which terrorist acts occur, they may also
constitute crimes under international law. During the drawing-up of the
Rome Statute of the International Criminal Court, several delegations
argued for the inclusion of terrorism in the jurisdiction of the Court as
a separate crime. The majority of States disagreed, however, precisely
because of the issue of the definition. The Final Act of the United Nations
Diplomatic Conference of Plenipotentiaries on the Establishment of
the International Criminal Court, adopted in Rome on 17 July 1998,
recommended that a Review Conference of the Rome Statute, which
may take place seven years following the entry into force of the Statute,
namely in 2009, should consider several crimes, including terrorism, with
a view to arriving at an acceptable definition and their inclusion in the list
of crimes within the jurisdiction of the Court.
Although the Rome Statute does not include “terrorism” as a separate
crime, it does contain various offences which may include terrorist
conduct, depending on the particular facts and circumstances of each
case. A terrorist act might constitute a crime against humanity, an offence
defined under article 7 of the Rome Statute to include certain acts
14
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