EXTRATERRITORIALIDAD Y TERRORISMO

Abstract

It is easy to verify that the criminal policies against terrorism have experienced a radical improvement since the events of the September 11th, 2001. The international community has intensified the judicial cooperation and the exchange of information, but there have not been many advances in relation to the jurisdiction to judge this class of crimes, especially if one considers the theoretical consensus in understanding that the overcoming of the national jurisdiction is essential. Giving up the national jurisdiction can be understood either as an extension of the extraterritorial jurisdiction of each State, or as a promotion of a supranational jurisdiction. Both routes require an agreement on the definition of “terrorism”, which has not yet been accomplished. The answer to this question differs greatly between the western world and important sectors of the Muslim world, which affects the credibility of the supposed unanimity that apparently exist in the frame of United Nations, and that is necessary for the
fight against terrorism. The greater effectiveness of the European cooperation, specially since the development of the European arrest warrant and other policies of close cooperation, has not yet managed to implement neither a shared jurisdiction to fight terrorism within the space of justice and security, nor the creation of an Antiterrorist International Court