Minister for Foreign Affairs and Cooperation takes part in panel on International Counter-Terrorism Jurisdiction at Club of Madrid Conference

In his speech, Minister García-Margallo emphasised the need for an international jurisdictional mechanism capable of effectively combating the terrorist threat with the means available under international law, and to thus close a potential loophole whereby these crimes against humanity could go unpunished, which today represent one of the main threats to international peace and security.

Against this backdrop, the Spain-Romania initiative to set up an International Counter-Terrorism Court has been proposed, whose powers, he clarified, would not replace the criminal jurisdiction of States, since it would only intervene in those cases in which national courts are unable or unwilling to prosecute and bring crimes of terrorism to trial. Neither would its powers overlap those of the International Criminal Court, since the jurisdiction of the latter would prevail.

The Minister for Foreign Affairs and Cooperation called for the political resolve of the international community to tackle terrorism under the rule of law. José Manuel García-Margallo said he was aware of the complexity and the legal-technical challenges that an initiative of these characteristics brings, although he expressed his conviction of the existence of sufficient political arguments and technical solutions to justify the constitution of an International Counter-Terrorism Court.

He explained that in order to set it up, an international treaty could be adopted under the auspices of the United Nations General Assembly, or through a resolution of the Security Council, pursuant to Chapter VII of the United Nations Charter, provided that the facts that the court becomes aware of represent a threat to international peace and security.

In relation to the lack of a clear legal definition of terrorism, accepted on a general basis by the international community, the minister pointed out that it would be possible to reach agreement on the essence of the concept to establish the powers of the court under customary international law, and definitions from the sector conventions of the United Nations in force on this issue.

Minister García-Margallo concluded his speech by affirming that the fight against crimes going unpunished must be a core element of the general strategy to combat terrorism. To that end, Spain, also from its position as a non-permanent member of the Security Council, will make every effort necessary to ensure that this initiative, with the support of the international community, is pushed through.