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over a torturer found within its territory irrespective of where the crime in question
was committed, or irrespective of the nationality of the perpetrator.
46
In addition,
Article 7 of the Torture Convention requires state parties either to extradite the
alleged offender or to “submit the case to their competent authorities for the purpose
of prosecution”, thus making sure that no offender would have the opportunity to
escape the consequences of his acts of torture.
47
From the above mentioned one can
conclude that the Torture Convention does implicitly allow for universal jurisdiction.
As with the crime of torture, there is also a disagreement on the definition
of terrorism. Therefore the international community adopted a series of smaller
conventions that define various parts or acts of terrorism.
48
There are two acts, namely
hijacking and bombing of aircraft, which would be classified as acts of terrorism and
thus subject to universal jurisdiction. The main international conventions dealing
with these crimes are: the 1970 Convention for the Suppression of Unlawful Seizure
of Aircrafts, and the 1971 Montreal Convention for the Suppression of Unlawful
Acts Against the Safety of Civil Aviation. What distinguishes terrorism from other
serious offences is that it is perpetrated through an organized group (or collaboration
of many) and on the basis of particular
mens rea
.
49
Nevertheless, in order to fully end
impunity for terrorism, the international community must first agree on one holistic
definition of terrorism. In addition, it is important to define what acts constitute
terrorism, because an act cannot be fit for universal jurisdiction unless there is an
accepted definition.
2.2.6 Rising category of new core international crimes?
The dynamic nature of international law makes the fundamental values and
principles of the international system continually evolve, and so do the number of
crimes established by it.
Serious international environmental crimes, such as transboundary pollution,
might be applied to the list of core crimes, even though the notion of
hostes humani
generis
may not always be clear. Two decades ago, Ethan Nadelmann anticipated
that one area: “in which global prohibition regimes almost certainly will play an
increasingly prominent role is in efforts to protect newly endangered species, to reduce
pollution of the seas and the skies, and to conserve forests and other dimensions of
the earth’s natural resources.”
50
Furthermore, Protocol I to the Geneva Conventions,
46
ibid
. at Article 7(1).
47
ibid
. at Article 7.
48
The first international attempt to codify and describe the term terrorism was made in 1937 through
the League of Nations by the adoption of a Convention for the Prevention and Punishment of Terrorism,
within Article 1(2). See Bantekas, Ilias:
op. cit
., p. 260. Cryer, Robert
at el
.:
op. cit
., pp. 336-337, 342-344.
49
Bantekas, Ilias:
op. cit
., pp. 260-261.
50
Indeed, in 1995, United Nations member states were urged to “consider acknowledging the most
serious forms of environmental crimes in an international convention.” However at present, there
are a few notable international agreements that seek to protect the environment from severe forms
of degradation. See Nadelmann, Ethan A.: Global Prohibition Regimes: The Evolution of Norms in
International Society.
International Organization
, Vol. 44 (4), 1990 p. 523.