In the 18th century, the 'Club des Jacobins' in France ruthlessly used violence against the royalists in the course of their rule, causing fear among citizens. It was named "Terrorism Politics" and the concept of terrorism originated from this Jacobin...
In the 18th century, the 'Club des Jacobins' in France ruthlessly used violence against the royalists in the course of their rule, causing fear among citizens. It was named "Terrorism Politics" and the concept of terrorism originated from this Jacobins way of governing. Terrorism, which had limited victims to those with different political interests, began to show an international character in the wake of the assassination of the Austrian crown prince and his wife, which became the starting point of World War I. The international community tried to regulate terrorism, but those trials were failed, because the international community couldn't to reach to a general consensus on the definition of terrorism. As a result, the general definition of terrorism is currently absent in the international community, and the international community regulates it simply by regulating individual acts of terrorism.
The biggest reason why the international community has failed to define terrorism is that there is a conflict of opinion looking at terrorism. An example is the shooting of Ito Hirobumi by Ahn Jung-geun. As can be seen from the fact that Ahn Jung-geun's actions are regarded as heroic acts in Korea, while Japan simply considers them as acts of terrorism, it is difficult to reach a general agreement because terrorism's motivations are often politically motivated. Another factor that makes it difficult to derive the general definition of terrorism is that countries use it as an informal means. These terrorist acts, which are mainly carried out by each country, make countries passive in deriving justice for terrorism.
The regulation of terrorism should be done through a general regulation method because the current regulation method has several problems. First of all, there is the possibility of a new type of terrorism. Currently, terrorist agreements regulate aircraft terrorism, the provision of terrorist funds, terrorism against international important people, and terrorism against ships, which do not adequately regulate new forms of terrorism. Considering the terrorist acts by drones, which are currently widely used for military purposes. If terrorist acts occur through them in the absence of international legal status on drones, the current regulatory method cannot properly punish them. In addition, this is because politics exists in the process of punishing terrorists. At the time of the 9·11 attacks in 2001, the United States started a war with Afghanistan on the basis of its right to self-defense, despite its membership in various anti-terrorism conventions. Similarities can be found in the Lockerbie case, which was an aircraft explosion, and the Security Council adopted a resolution on the deaths of British and Americans in the explosion of a fan-memorizing machine in flight at the time. The problem is that Britain and the United States, which were interested countries, participated in the vote in the process of adopting the resolution.
General regulation of terrorism can solve these problems, and such regulation should be made through the International Criminal Court. First of all, the International Criminal Court is an international organization that can hold individuals international criminal responsibility and deals with crimes against humanity, genocides, war crimes, and aggression crimes as jurisdictional crimes
Terrorism should also be included in jurisdiction of the International Criminal Court, first of all, because in the process of establishing the International Criminal Court, there was an attempt to include terrorism as a jurisdictional crime. Although it failed to derive a definition of terrorism and was eventually excluded, it is judged that the international consensus on the regulation of terrorism has reached a sufficient level. In addition, the International Criminal Court specifies judges of the Convention of Rome, the Security Council, and the International Criminal Court as those who may be prosecuted in Roman regulations. This has the effect of preventing the legal vacuum of the current regulatory method, which imposes the responsibility of punishing terrorist criminals only on countries.