ABSTRACT
There have been numerous developments in the international law on terrorism since the inception of international criminal justice. However, the inclusion of terrorism as a crime within the subject-matter jurisdiction of the International Criminal Court (ICC) could also realise justice for victims of transnational terrorist groups and end impunity. The dilemma with holding members of transnational terrorist groups accountable before the ICC is that the Rome Statute in its current form does not adequately capture non-state armed actors with a network-based organisational structure. The inclusion of a provision on terrorism in the draft Rome Statute in 1998 was of course innovative on paper, but during negotiations states decided that more time was needed to agree on a comprehensive definition of terrorism. Issues remain about the constituent elements of a proposed international crime of terrorism and how reparations would be made to victims.
