CYIL Vol. 4, 2013

PETRA BAUMRUK CYIL 4 ȍ2013Ȏ over a torturer found within its territory irrespective of where the crime in question was committed, or irrespective of the nationality of the perpetrator. 46 In addition, Article 7 of the Torture Convention requires state parties either to extradite the alleged offender or to “submit the case to their competent authorities for the purpose of prosecution”, thus making sure that no offender would have the opportunity to escape the consequences of his acts of torture. 47 From the above mentioned one can conclude that the Torture Convention does implicitly allow for universal jurisdiction. As with the crime of torture, there is also a disagreement on the definition of terrorism. Therefore the international community adopted a series of smaller conventions that define various parts or acts of terrorism. 48 There are two acts, namely hijacking and bombing of aircraft, which would be classified as acts of terrorism and thus subject to universal jurisdiction. The main international conventions dealing with these crimes are: the 1970 Convention for the Suppression of Unlawful Seizure of Aircrafts, and the 1971 Montreal Convention for the Suppression of Unlawful Acts Against the Safety of Civil Aviation. What distinguishes terrorism from other serious offences is that it is perpetrated through an organized group (or collaboration of many) and on the basis of particular mens rea . 49 Nevertheless, in order to fully end impunity for terrorism, the international community must first agree on one holistic definition of terrorism. In addition, it is important to define what acts constitute terrorism, because an act cannot be fit for universal jurisdiction unless there is an accepted definition. 2.2.6 Rising category of new core international crimes? The dynamic nature of international law makes the fundamental values and principles of the international system continually evolve, and so do the number of crimes established by it. Serious international environmental crimes, such as transboundary pollution, might be applied to the list of core crimes, even though the notion of hostes humani generis may not always be clear. Two decades ago, Ethan Nadelmann anticipated that one area: “in which global prohibition regimes almost certainly will play an increasingly prominent role is in efforts to protect newly endangered species, to reduce pollution of the seas and the skies, and to conserve forests and other dimensions of the earth’s natural resources.” 50 Furthermore, Protocol I to the Geneva Conventions, 46 ibid . at Article 7(1). 47 ibid . at Article 7. 48 The first international attempt to codify and describe the term terrorism was made in 1937 through the League of Nations by the adoption of a Convention for the Prevention and Punishment of Terrorism, within Article 1(2). See Bantekas, Ilias: op. cit ., p. 260. Cryer, Robert at el .: op. cit ., pp. 336-337, 342-344. 49 Bantekas, Ilias: op. cit ., pp. 260-261. 50 Indeed, in 1995, United Nations member states were urged to “consider acknowledging the most serious forms of environmental crimes in an international convention.” However at present, there are a few notable international agreements that seek to protect the environment from severe forms of degradation. See Nadelmann, Ethan A.: Global Prohibition Regimes: The Evolution of Norms in International Society. International Organization , Vol. 44 (4), 1990 p. 523.