ABSTRACT
This chapter discusses constitute elements of a crime of transnational terrorism if the Rome Statute were amended. It examines in detail the development and conceptual basis for customary international law in general. The sources of law relied upon by the Appeals Chamber show that the customary crime of transnational terrorism has only one objective element which is the physical act of causing or threatening to cause serious death, injury, or property damage. The more persuasive view is that transnational terrorism is a serious treaty-based crime which is closely akin to core international crimes. International criminal law as it is currently framed makes a clear distinction between treaty-based crimes and core international crimes. There is considerable divergence of opinion both within international legal thought and across disciplines such as international law and international relations about the existence of an international crime of transnational terrorism.
