At the Rome Conference it was decided not to include the crime of terrorism in the Rome Statute, although the draft statute, which was prepared by Preparatory Committee provided the jurisdiction of the International Criminal Court over terrorism. The primary reason was lack of a uniform definition of terrorism, which still has not been adopted. However we can conclude that there are common elements to different legal definitions. It is undisputed that international community recognizes terrorism as a threat to international peace and security, therefore scholars are questioning whether is possible to prosecute terrorists at the International Criminal Court despite the fact that the Rome Statute does not include terrorism. By amending the Rome Statute terrorism could be included as an independent criminal offense or added to the lists of crimes against humanity or war crimes. Even without a statute amendment it is possible to prosecute terrorists before the court in accordance with the provisions of genocide, crimes against humanity, war crimes and aggression. In this case the subjective and objective elements of the crime within the perpetrators are prosecuted must be fulfilled.
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