International Terrorism: Definition

This article deals with the Judgment No. 24994 of 25 May 2006 of the Italian Court of Cassation (the highest court of appeal in Italy), that for the first time, gave a conclusive definition of the offence of international terrorism within the meaning of Article 270 bis of the Italian Criminal Code (hereafter ‘cp’). The case originated from two custody orders issued by the Judge of Preliminary Inquiries (Giudice per le Indagini Preliminari (hereafter ‘GIP’)) of the Tribunal of Naples on 18 November 2005 and 23 January 2006 against an individual suspected of terrorist activity who had been investigated for offences under Articles 270 bis cp (Association with purpose of international terrorism and subversion of the democratic order), 416 cp (Criminal association), and 81, 110, 482, 648 cp (Complicity in counterfeit documents). The Tribunal of Re-examination (Tribunale del Riesame) of Naples subsequently confirmed the custody orders. The suspect appealed to the Court of Cassation against the orders in separate proceedings which were subsequently joined. The suspect argued before the court that the orders were made on irrational grounds, and suggested, in particular, that a simple ideological adhesion to the principles which inspire most grave terrorist attacks, or even a sentiment of hostility towards Western people, did not constitute an offence under Article 270 bis cp. The suspect submitted that the mere expression of a will would not be punishable and, in conclusion, that the judge had distorted the facts of the matter. The Court of Cassation held that the offence of association with the purpose of international terrorism is made out by the ideological adhesion to serious criminal intentions aimed at committing acts of terrorism, even if the material execution of those acts never takes place.