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Carmen MOLDOVAN: Brief remarks on Romania's proposal to ...

Abstract: Recently Romania by the Minister of Foreign Affairs launched the proposal of establishing an International Court against Terrorism, an initiative to which Spain joined.  Motivated by the proliferation of acts of terrorism and the need to combat them effectively by legal means of international criminal law, the proposal outlines the essential elements for the establishment and functioning of such an international court and could be considered a challenge in the current international context. This paper aims primarily at presenting the main features of the new court as they are set out in official communications of the Ministry of Foreign Affairs, to help disseminate information related to Romania's proposal, as well as addressing the main difficulties that such an ambitious project will have to encompass in terms of present regulations and especially of future States` attitude towards it. The central idea of the approach is to answer the question whether the establishment of a new international judicial body specialized in acts of terrorism could be considered an interference with the jurisdiction of the International Criminal Court or a unnecessary proliferation of international courts which may result in an ineffective means of combating acts of terrorism.

Keywords: international criminal law,  jurisdiction, definition of terrorism  

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