Rome Statute of the International Criminal Court

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Rome Statute of the International Criminal Court
Image:ICC.gif
Opened for signature	June 17, 1998[1] in Rome
Entered into force	July 1, 2002
Conditions for entry into force	60 ratifications
Parties	105[2]

The Rome Statute of the International Criminal Court (or Rome Statute) is the treaty which established the International Criminal Court (ICC). It sets out the Court's jurisdiction, structure and functions and it provides for its entry into force 60 days after 60 States have become party to it. It was opened for signature on July 17, 1998 and entered into force on July 1, 2002 as the 60th instrument of ratification was deposited with the Secretary General on 11 April 2002, when 10 countries simultaneously deposited their instruments of ratification. Any perpetrator of a crime within the jurisdiction of the Court, committed after this date, is liable to prosecution. As of November 2006, 104 states are party to the Statute.^[2]

Since it is a treaty that establishes an international court, it is called a Statute (note this is a different usage of the word "statute" from that commonly used in law.)

The Statute provides for the ICC to have jurisdiction over three main classes of offences: genocide, crimes against humanity and war crimes. The treaty establishing the court gives a specific definition of genocide in Article 6, a list of crimes against humanity in Article 7, a lengthy and detailed list of war crimes in Article 8. The Statute also provides for the court to have jurisdiction over the crime of aggression, but only once a definition for that crime has been adopted by an amendment to the Statute.^[3] According to an ICC press release, the Assembly of States Parties of the ICC may adopt such a definition at a review conference scheduled for 2009.^[4]

The ICC jurisdiction generally extends only to member nations and to their territory (12.1). There are two exceptions (12.2ab)..^[5]

The People's Republic of China, Iraq, Israel, Libya, Qatar, the United States and Yemen voted against the Rome Statute of the International Criminal Court in 1998.^{[citation needed]} Israel, the United States and Yemen signed the statute at the end of 2000. The United States later declined to participate because the ICC "is an organization that runs contrary to fundamental American precepts and basic Constitutional principles of popular sovereignty, checks and balances, and national independence."^{[6] [7]}

Contents 1 Positions of the United States and Israel 2 See also 3 Further reading 4 References

[edit] Positions of the United States and Israel

Main article: United States and the International Criminal Court

President Bill Clinton signed the statute in 2000, but stated that he did not intend to request its ratification until several changes were made and never submitted it to the Senate. On May 6, 2002, the Bush Administration informed the United Nations Secretary-General that "the United States does not intend to become a party to the treaty. Accordingly, the United States has no legal obligations arising from its signature on December 31 2000." This was widely described as "unsigning" the treaty or "withdrawing" the United States' signature,^[8] although the United States in its letter did not use that terminology.

On August 28 2002 Israel submitted a letter, to the same effect, to the United Nations.^[9] The United Nations has not removed the name of the United States from the official list of signatories,^[10] but while, according to the law of treaties, a state that has signed but not ratified a treaty is obliged to refrain from “acts which would defeat the object and purpose” of the treaty, these obligations do not continue if the state makes clear that it does not intend to become a party to the treaty.^[11][12].

US Senators have suggested that the treaty could not be ratified without a constitutional amendment. Others have commented that it violates international law, that it is a political court without appeal, that it denies fundamental American human rights, the ICC denies the authority of the United Nations, and that it denies US national sovereignty.^{[citation needed]}

Democratic Party 2008 United States Presidential candidates John Edwards and Dennis Kucinich have stated their intent to re-sign the statute and promote its ratification if elected[6]

[edit] See also

• Command responsibility
• International Criminal Court
• States Parties to the Rome Statute of the International Criminal Court
• Völkerstrafgesetzbuch
• International Criminal Court Review Conference

[edit] Further reading

• Official website
• Article 98

[edit] References

1. ^ ICC overview
2. ^ ^{a b} ICC list of signatories
3. ^ Part 2. Jurisdiction, admissibility and applicable law: Article 5 Crimes within the jurisdiction of the Court, Paragraph 2
4. ^ Page 4: Jurisdiction of the ICC: Section: The Crime of Aggression (pdf)
5. ^ Part 2. Jurisdiction, admissibility and applicable law: Article 5 Crimes within the jurisdiction of the Court, Paragraph 2
6. ^ American Justice and the International Criminal Court. Retrieved on 2007-10-22.
7. ^ United States Defends Position on International Criminal Court. Retrieved on 2007-10-22.
8. ^ See, for example, [1] [2] [3] [4] [5]
9. ^ http://www.amicc.org/icc_ratifications.html#*
10. ^ UN Signature list - contains official US communication concerning 'withdrawal' of signature
11. ^ The 1969 Vienna Convention on the Law of Treaties, Article 18. Accessed 2007-01-23.
12. ^ U.S. Announces Intent Not to Ratify International Criminal Court Treaty, American Society of International Law, 2002-05-01, accessed on 2007-01-23

v • d • e International Criminal Court (ICC)
Statute · States Parties · Judges · Cases
Crimes	Genocide · War crime · Crime against humanity · Crime of aggression
Accused persons	Ahmed Haroun · Germain Katanga · Joseph Kony · Ali Kushayb · Thomas Lubanga · Raska Lukwiya · Okot Odhiambo · Dominic Ongwen · Vincent Otti
Miscellaneous	United States and the ICC · American Servicemembers' Protection Act · The ICC and the 2003 invasion of Iraq

ca:Estatut de Roma

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