Rome statute

Rome Statute, a statute establishing the International Criminal Court
Rome Statute of the International Criminal Court
A map of states parties to the Statute
  Parties
  Signed but not ratified
  Neither signed nor acceded
Drafted 17 July 1998
Signed 17 July 1998[1]
Location Rome, Italy[1]
Effective 1 July 2002[2]
Condition 60 ratifications[3]
Signatories 139[2]
Parties 122[2]
Depositary UN Secretary-General[1]
Languages Arabic, Chinese, English, French, Russian and Spanish[4]


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 on 17 July 1998[5][6] and it entered into force on 1 July 2002.[2] As of 1 May 2013, 122 states will be party to the statute.[2] Among other things, the statute establishes the court's functions, jurisdiction and structure.

The Rome Statute established four core international crimes: genocide, crimes against humanity, war crimes and the crime of aggression. Under the Rome Statute, the ICC can only investigate and prosecute the four core international crimes in situations where states are "unable" or "unwilling" to do so themselves. The court has jurisdiction over crimes only if they are committed in the territory of a state party or if they are committed by a national of a state party; an exception to this rule is that the ICC may also have jurisdiction over crimes if its jurisdiction is authorized by the United Nations Security Council.

History

The Rome Statute established four core international crimes: genocide, crimes against humanity, war crimes and the crime of aggression. However throughout the negotiations, other crimes were considered for inclusion, including ecocide.[7] Following years of negotiation, aimed at establishing a permanent international tribunal to prosecute individuals accused of genocide and other serious international crimes, such as crimes against humanity, war crimes and the recently defined crimes of aggression, 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".[8][9] On 17 July 1998, the Rome Statute was adopted by a vote of 120 to 7, with 21 countries abstaining.[10] Because the way each delegation voted was officially unrecorded, there is some dispute over the identity of the seven countries that voted against the treaty.[11] It is certain that the People's Republic of China, Israel, and the United States were three of the seven because they have publicly confirmed their negative votes; India, Indonesia, Iraq, Libya, Qatar, Russia, Saudi Arabia, Sudan, and Yemen have been identified by various observers and commentators as possible sources for the other four negative votes, with Iraq, Libya, Qatar, and Yemen being the four most commonly identified.[11]

On 11 April 2002, ten countries ratified the statute at the same time at a special ceremony held at the United Nations headquarters in New York City,[12] bringing the total number of signatories to sixty, which was the minimum number required to bring the statute into force, as defined in Article 126.[3] The treaty entered into force on 1 July 2002;[12] the ICC can only prosecute crimes committed on or after that date.[13] The statute was modified in 2010 after the Review Conference in Kampala, Uganda, but the amendments to the statute that were adopted at that time are not effective yet.

The Rome Statute is the result of multiple attempts for the creation of a supranational and international tribunal. At the end of 19th century, the international community took the first steps towards the institution of permanent courts with supranational jurisdiction. With the Hague International Peace Conferences, representatives of the most powerful nations made an attempt to harmonize laws of war and to limit the use of technologically advanced weapons. After World War I and even more after the heinous crimes committed during World War II, it became a priority to prosecute individuals responsible for crimes so serious that needed to be called "against humanity". In order to re-affirm basic principles of democratic civilisation, the alleged criminals were not executed in public squares or sent to torture camps, but instead treated as criminals: with a regular trial, the right to defense and the presumption of innocence. The Nuremberg trials marked a crucial moment in legal history, and after that, some treaties that led to the drafting of the Rome Statute were signed.

UN General Assembly Resolution n. 260 9 December 1948, the Convention on the Prevention and Punishment of the Crime of Genocide, was the first step towards the establishment of an international permanent criminal tribunal with jurisdiction on crimes yet to be defined in international treaties. In the resolution there was a hope for an effort from the Legal UN commission in that direction. The General Assembly, after the considerations expressed from the commission, established a committee to draft a statute and study the related legal issues. In 1951 a first draft was presented; a second followed in 195] but there were a number of delays, officially due to the difficulties in the definition of the crime of aggression, that were only solved with diplomatic assemblies in the years following the statute's coming into force. The geopolitical tensions of the Cold War also contributed to the delays.

Trinidad and Tobago asked the General Assembly in December 1989 to re-open the talks for the establishment of an international criminal court and in 1994 presented a draft Statute. The General Assembly created an ad hoc committee for the International Criminal Court and, after hearing the conclusions, a Preparatory Committee that worked for two years (1996–1998) on the draft. Meanwhile, the United Nations created the ad hoc tribunals for the former Yugoslavia (ICTY) and for Rwanda (ICTR) using statutes—and amendments due to issues raised during pre-trial or trial stages of the proceedings—that are quite similar to the Rome Statute.

During its 52nd session the UN General Assembly decided to convene a diplomatic conference for the establishment of the International Criminal Court, held in Rome 15 June–17 July 1998 to define the treaty, entered into force on 1 July 2002. This Rome Conference was attended by representatives from 161 member states, along with observers from various other organizations, intergovernmental organizations and agencies, and non-governmental organizations (including many human rights groups) and was held at the headquarters of the Food and Agriculture Organization of the United Nations, located about 4 km away from the Vatican (one of the states represented).[14][15]

Ratification status

Main article: States Parties to the Rome Statute of the International Criminal Court

Template:ICC member states

Review and amendment

Any amendment to the Rome Statute requires the support of a two-thirds majority of the states parties, and an amendment (except those amending the list of crimes) will not enter into force until it has been ratified by seven-eighths of the states parties. A state party which has not ratified such an amendment may withdraw with immediate effect.[16]

Any amendment to the list of crimes within the jurisdiction of the court will only apply to those states parties that have ratified it. It does not need a seven-eighths majority of ratifications.[16]

The states parties held a Review Conference in Kampala, Uganda from 31 May to 11 June 2010.[17] The Review Conference adopted a definition of the crime of aggression, thereby allowing the ICC to exercise jurisdiction over the crime for the first time. It also adopted an expansion of the list of war crimes.[18]

See also

Notes and references

Further reading

  • 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, Flavia Lattanzi (eds.), Essays on the Rome Statute of the International Criminal Court Volume I. Fagnano Alto: il Sirente (1999). ISBN 88-87847-00-2
  • Claus Kress, Flavia Lattanzi (eds.), The Rome Statute and Domestic Legal Orders Volume I. Fagnano Alto: il Sirente (2000). ISBN 88-87847-01-0
  • 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.
  • William A. Schabas, Flavia Lattanzi (eds.), Essays on the Rome Statute of the International Criminal Court Volume II. Fagnano Alto: il Sirente (2004). ISBN 88-87847-02-9
  • William A Schabas, An Introduction to the International Criminal Court (2nd ed.). Cambridge: Cambridge University Press (2004). ISBN 0-521-01149-3.
  • Claus Kress, Flavia Lattanzi (eds.), The Rome Statute and Domestic Legal Orders Volume II. Fagnano Alto: il Sirente (2005). ISBN 978-88-87847-03-1

External links

  • Text of the statute
  • Rome Statute of the International Criminal Court — United Nations website
  • Official website of the Rome Conference — speeches, press releases, photos and other materials from the conference that adopted the Statute
  • International Criminal Court website
  • A list of the State Parties to the Rome Statute
  • Text of the Rome Statute of the International Criminal Court — Human Rights & International Criminal Law Online Forum
  • Parliamentary network mobilized in support of the universality of the Rome Statute
  • Draft Statute of an International Criminal Court, 1994

Template:International human rights legal instruments

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