The Struggle Against Terrorism and the Establishment of an International Criminal Court: Two Legal Issues in the United Nations General Assembly’s Agenda

The negotiation and adoption of numerous international instruments within the United Nations (UN) shows the intense legal activity of that organization in recent years. In this essay, the author examines two issues of the agenda of the Legal Affairs Commission (sixth commission) of the UN General Assembly that are of special importance for the member States: the fight against terrorism and the establishment of an International Criminal Court (ICC). The essay is divided into two large sections. The first analyzes how the issue of terrorism has been treated in the UN and distinguishes two stages in which different approaches have prevailed. With an increasingly pragmatic treatment of the issue, the author examines the obstacles that States have to overcome in order to fight terrorism within the limits established by international law. The second section analyzes the process for the establishment of a general, permanent ICC that would be in charge of judging those responsible for international crimes. The author specifies the points that will have to be defined for effective operation of the ICC: jurisdiction and definition of crimes over which it would have competency; the authority of the Security Council vis à vis those of the ICC; the type of relationship between the court and the national jurisdictions, among other things. She also stresses the substantial differences that persist among the States concerning the final statute of the future ICC, that could obstruct its adoption in the international conference of 1998. The conclusions underline the importance of new international law norms adapting to generally recognized principles.