Rome Statute of the International Criminal Court

Infobox Treaty
name =Rome Statute
long_name =Rome Statute of the International Criminal Court


image_width =
caption =
type =
date_drafted =July 17 1998
date_signed =July 17 1998 [http://www.un.org/law/icc/statute/99_corr/13.htm Article 125] of the Rome Statute. Retrieved on 31 January 2008.]
location_signed =Rome
date_sealed =
date_effective =July 1 2002
condition_effective =60 ratifications
date_expiration =
signatories =139
parties =108
depositor =UN Secretary-General
language =
languages =Arabic, Chinese, English, French, Russian and Spanish [http://www.un.org/law/icc/statute/99_corr/13.htm Article 128] of the Rome Statute. Retrieved on 31 January 2008.]
website =http://untreaty.un.org/cod/icc/index.html
wikisource =Rome Statute of the International Criminal Court

The Rome Statute of the International Criminal Court (often referred to as the International Criminal Court Statute or the Rome Statute) is the treaty that established the International Criminal Court (ICC).

It was adopted at a diplomatic conference in Rome, Italy, on 17 July 1998 [Each year, to commemorate the adoption of the Rome Statute, human rights activists around the world celebrate 17 July as World Day for International Justice. See Amnesty International USA (2005). " [http://www.amnestyusa.org/International_Justice/International_Justice_Day/page.do?id=1104666&n1=3&n2=35 International Justice Day 2005] ". Retrieved on 31 January 2008.] and it entered into force on 1 July 2002. As of June 2008, 108 states are party to the statute.

Among other things, the statute establishes the court's functions, jurisdiction and structure.

History

Following years of negotiations aimed at establishing a permanent international tribunal to punish individuals who commit genocide and other serious international crimes, the United Nations General Assembly convened a five-week diplomatic conference in Rome in June 1998 "to finalize and adopt a convention on the establishment of an international criminal court". [United Nations (1999). " [http://www.un.org/law/icc/general/overview.htm Rome Statute of the International Criminal Court — Overview] ". Retrieved on 31 January 2008.] Coalition for the International Criminal Court. [http://www.iccnow.org/?mod=rome "Rome Conference — 1998"] . Retrieved on 31 January 2008.] On July 17 1998, the Rome Statute was adopted by a vote of 120 to 7, with 21 countries abstaining. The seven countries that voted against the treaty were Iraq, Israel, Libya, the People's Republic of China, Qatar, the United States, and Yemen.Michael P. Scharf (August 1998). [http://www.asil.org/insights/insigh23.htm "Results of the Rome Conference for an International Criminal Court"] . The American Society of International Law. Retrieved on 31 January 2008.]

Article 126 of the statute provided that it would enter into force shortly after the number of states that had ratified it reached sixty. [http://www.un.org/law/icc/statute/99_corr/13.htm Article 126] of the Rome Statute. Retrieved on 31 January 2008.] This happened on April 11 2002, when ten countries ratified the statute at the same time at a special ceremony held at the United Nations headquarters in New York.Amnesty International (11 April 2002). " [http://web.amnesty.org/library/index/engior400082002 The International Criminal Court — a historic development in the fight for justice] ". Retrieved on 31 January 2008.] The treaty entered into force on July 1 2002; the ICC can only prosecute crimes committed on or after that date. [http://www.un.org/law/icc/statute/99_corr/2.htm Article 11] of the Rome Statute. Retrieved on 31 January 2008.]

Ratification status

As of October 2008, 108 countries are party to the Rome Statute, including nearly all of Europe and South America, and roughly half the countries in Africa.United Nations Treaty Collection. " [http://treaties.un.org/Pages/ViewDetails.aspx?src=TREATY&id=372&chapter=18&lang=en Rome Statute of the International Criminal Court] ". Retrieved on 5 October 2008.] International Criminal Court (2007). [http://www.icc-cpi.int/statesparties.html "The States Parties to the Rome Statute"] . Retrieved on 31 January 2008.] UN News Centre, 17 March 2008. [http://www.un.org/apps/news/story.asp?NewsID=26002 Madagascar ratifies statute establishing International Criminal Court] . Accessed 20 March 2008.]

A further 40 states have signed but not ratified the treaty; the law of treaties obliges these states to refrain from “acts which would defeat the object and purpose” of the treaty. [Article 18 of the 1969 [http://www.oas.org/legal/english/docs/Vienna%20Convention%20Treaties.htm Vienna Convention on the Law of Treaties] . Retrieved on 31 January 2008.] In 2002, two of these states, the United States and Israel, "unsigned" the Rome Statute, indicating that they no longer intend to become states parties and, as such, they have no legal obligations arising from their signature of the statute. [John R Bolton (6 May 2002). [http://www.state.gov/r/pa/prs/ps/2002/9968.htm "International Criminal Court: Letter to UN Secretary General Kofi Annan"] . US Department of State. Retrieved on 31 January 2008.] Brett D. Schaefer (9 January 2001). [http://www.heritage.org/Research/InternationalOrganizations/EM708.cfm "Overturning Clinton's Midnight Action on the International Criminal Court"] . The Heritage Foundation. Retrieved on 31 January 2008.]

Review and amendment

Any amendment to the Rome Statute requires the support of a two-thirds majority of the states parties, and an amendment will not enter into force until it has been ratified by seven-eighths of the states parties. [http://www.un.org/law/icc/statute/99_corr/13.htm Article 121] of the Rome Statute. Retrieved on 31 January 2008.] Any amendment to the list of crimes within the jurisdiction of the court will only apply to those states parties that have ratified it.

The states parties are due to hold a Review Conference in the first half of 2010 to consider amendments to the statute.Assembly of States Parties (14 December 2007). PDFlink|" [http://www.icc-cpi.int/library/asp/OR_Vol_I_PartIII_Resolutions_and_Recomm_English.20-12-07.094.clean.pdf Resolution: Strengthening the International Criminal Court and the Assembly of States Parties] "|310 KiB . Retrieved on 31 January 2008.] The Review Conference is likely to adopt a definition of the crime of aggression, thereby allowing the ICC to exercise jurisdiction over the crime for the first time.

ee also

*International Criminal Court Act 2001
*Völkerstrafgesetzbuch

Notes and references

Further reading

* Antonio Cassese, Paola Gaeta & John R.W.D. Jones (eds.), "The Rome Statute of the International Criminal Court: A Commentary". Oxford: Oxford University Press (2002). ISBN 978-0-19-829862-5.
* Roy S Lee (ed.), "The International Criminal Court: The Making of the Rome Statute". The Hague: Kluwer Law International (1999). ISBN 90-411-1212-X.
* Roy S Lee & Hakan Friman (eds.), "The International Criminal Court: Elements of Crimes and Rules of Procedure and Evidence". Ardsley, NY: Transnational Publishers (2001). ISBN 1-57105-209-7.
* William A Schabas, "An Introduction to the International Criminal Court" (2nd ed.). Cambridge: Cambridge University Press (2004). ISBN 0-521-01149-3.

External links

* [http://untreaty.un.org/cod/icc/statute/99_corr/cstatute.htm Text of the statute]
* [http://www.un.org/law/icc/ Rome Statute of the International Criminal Court] — United Nations website
* [http://www.icc-cpi.int/ International Criminal Court website]