Public Summary of the Interlocutory Decision on theApplicable Law: Terrorism, Conspiracy, Homicide,Perpetration, Cumulative Charging
16 February 2011
This customary rule requires the followingelements for the crime of terrorism: (i)the perpetration of a criminal act or thethreat of such act; (ii) the intent to spreadfear among the population or to coerce anational or international authority to takesome action, or to refrain from taking it; and(iii) a transnational element (which may liein a connection of perpetrators, victims, ormeans used across two or more countries,but may also reside in the signicant impactthat a terrorist act in one country may havein another country). Let me emphasize thatthe requirement of a cross-border elementgoes not to the denition of terrorism butto its character as international rather thandomestic. The two elements of (i) criminal actand (ii) intention to intimidate a populationor compel an authority are common to bothdomestic and international terrorism....Further, in spiteof disagreementemanating fromvery few States onthe denition of terrorism in timeof armed conict,an overwhelming majority of States takes theview that acts of terrorism may be repressedin time of armed conict to the extent thatsuch acts target civilians who do not takean active part in armed hostilities. Thus thecontention is warranted that at presentanother customary rule is in the process of formation, which covers terrorism in timeof armed conict.
Cassese the Judge
Antonio Cassese lecturing on the STL at the Université Saint-Joseph, Beirut, 2009