133rd IPU Assembly and Related Meetings

Geneva, 17-21 October 2015

Standing Committee on Peace and International Security        

Item 4:       Terrorism: the need to enhance global cooperation against the threat to democracy and individual rights

TALKING POINTS

Senator Dumitru OPREA

           Romanian IPU Group

Mr. Chairman,

Ladies and Gentlemen

Thank you for this opportunity, and many thanks to our speakers for their interesting presentations.

Throughout the last decades, terrorism has been a growing concern and a persistent topic on the international agenda, as one of the most serious threats to international peace and security.

In responding to this challenge, we must adapt constantly and make full use of all available legal instruments. At the same time, justice has to play its role.

In this context, I would like to bring to your attention the proposal of creating an International Court against Terrorism.

You are probably familiar with this joint Romania-Spain initiative, originally launched by Romania in February 2015. The Netherlands has been providing technical and legal support to define the Court’s concept and statute.  

This project was developed around the idea that international community should do more in combating terrorism not only with the military force, but also with the tools of law, including international criminal law. Our aim is to strengthen the rule of law in our multilateral antiterrorist drive.

Efforts in this direction are not new. They concerned both the drawing up of a comprehensive convention on terrorism and the establishment of an international criminal court for the prosecution of terrorist crimes. Nineteen universal legal instruments regulating specific aspects of terrorism have been adopted so far, and a number of international treaties also exist at a regional scale.

The existing international legislation is fragmented and insufficient for effectively addressing the current challenges.

An option would be the adoption of an international instrument – a treaty or a UN resolution – aiming at including the crime of terrorism within the jurisdiction of an international court to be set up – the proposed International Court for Terrorism.

The setting up of an international Court, independent and neutral, would mean recognition of the transnational nature of terrorism, while enhancing the credibility and legitimacy of our efforts.

We hope that as many countries as possible, from all the parts of the world, will participate to this process of reflection, alongside the civil society whose support is essential.    

We are aware of course of the complexity and sensitivity of the topic, with the very challenging issues to be answered to: how to tackle the definition of terrorism, how to define jurisdiction, how to convince States to cooperate.

However, we believe that this initiative is timely. The Court could be an effective legal tool in ending impunity for crimes of terrorism, thus rendering justice to so many victims; it could also have a preventative effect on perpetrators.

I would be grateful if you could comment on that.

Thank you very much!