TERRORISM AS AN INTERNATIONAL CORE CRIME WITH ITS OWN “ACTUS REUS” AND “MENS REA”
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Abstract
The International Criminal Court, established in 1998 as the first permanent international criminal court has jurisdiction over four international core crimes (i.e. Crimes against Humanity or War Crimes, Genocide, Crimes of Aggression), but as yet not over the crime of terrorism. This article is to make sense of a new definition on Terrorism under its specific actus reus and mens rea. The main goal of this definition is to emancipate the crime of terrorism from other international core crimes before national criminal courts and the International Criminal Court. This rhetoric step strongly will contribute to efficacy of the role of the International Criminal Court to try terrorists under its own jurisdiction for committing the core crime of terrorism. In order to sketch a clear picture of the article, first, a descriptive explanation is laid out, second, a new sense of a definition on terrorism is rendered, and third, a comparative analysis of the crime of terrorism with other international core crimes is conducted to mention how different these crimes are from each other in terms of “actus reus” and “mens rea”.
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