UDC 323.282:341.4
Biblid: 0543-3657, 62 (2011)
Vol. 62, No 1143, pp. 73-93
DOI:

Pregledni članak
Received: 15 Aug 2011
Accepted: 01 Jan 1970

ON THE CAPACITY OF TERRORISM TO OBTAIN THE STATUS OF INTERNATIONAL CRIME

Šurlan Tijana (Docentkinja na predmetu Međunarodno javno pravo na Kriminalističko-policijskoj akademiji, Beograd.), tijana.surlan@kpa.edu.rs

Terrorism is deemed current regardless of the passage of time, thus an abundance of literature is devoted to the analysis of this phenomenon from different aspects. This paper presents the analysis of the capacity i.e. the possibility for terrorism, better known as a phenomenon and as a crime to be located within the legal notion of international crime. The tendency of defining international terrorism as a criminal act follows its emergence in the international law. So far, all defining attempts have been unsuccessful, inclusive of the latest where in parallel to defining aggression terrorism was to be introduced in the directory of international crimes. In the paper, the author presents the criteria used to reach conclusions, singling out one of them as a key – substantive peremptory norms of public international law that should make the foundation for defining terrorism as an international crime.

Keywords: terrorism, UN resolutions, conventions, international criminal law, international crime, aggression, crimes against humanity