Terrorism as a crime against humanity

Abstract

As the definition and elements of crimes against humanity (CAH) gradually developed over time1, broad support for terrorism to be categorized as a crime against humanity evolved in parallel. This sentiment was brought to the fore of contemporary international relations after the terrorist attacks of 11th September 2001, which amplified the magnitude and extreme gravity of terrorist attacks. However, despite the considerable support for the inclusion of terrorism within the definition of CAH in various fora, consideration of whether terrorism may be classified as CAH in terms of International Law is a more complex and controversial debate. This article will examine the implications of the failure by the international community to agree to a definition of terrorism in the context of CAH. It will then assess whether terrorist attacks may meet the contextual elements of CAH and consider the potential of prosecuting terrorism as such under Article 7 of the Rome Statute. Finally, it will conclude that the international community’s difficulties in reaching an internationally accepted definition of terrorism remains the main obstacle for prosecuting terrorism as a crime against humanity.