Suchergebnisse

Presents the full text of the treaty which created the International Criminal Court, as adopted by the United Nations Diplomatic Conference of Plenipotentiaries on July 17, 1998. (Original abstract - amended)

The United Nations Diplomatic Conference of Plenipotentiaries on the Establishment of an International Criminal Court (ICC) took place in Rome at the headquarters of the Food and Agriculture Organization from June 15 to July 17, 1998. The participants numbered 160 states, thirty-three intergovernmental organizations and a coalition of 236 nongovernmental organizations (NGOs). The conference concluded by adopting the Rome Statute of the International Criminal Court by a nonrecorded vote of 120 in favor, 7 against and 21 abstentions. The United States elected to indicate publicly that it had voted against the statute. France, the United Kingdom and the Russian Federation supported the statute.

"The Rome Statute of the International Criminal Court defines more than ninety crimes that fall within the Court's jurisdiction: genocide, crimes against humanity, war crimes and aggression. How these crimes are interpreted contributes to findings of individual criminal liability, and moreover impacts upon the perceived legitimacy of the Court. And yet, to date, there is no agreed approach to interpreting these definitions. This book offers practitioners and scholars a guiding principle, arguments and aids necessary for the interpretation of international crimes. Leena Grover surveys the jurisprudence of the ICTY and ICTR before presenting a model of interpretive reasoning that integrates the guidance within the Rome Statute itself with articles 31-33 of the Vienna Convention on the Law of Treaties"--

AbstractThe Rome Statute for the International Criminal Court includes aggression among the crimes within the Court's jurisdiction. It mandates the Assembly of States Parties to define the crime and to set out the conditions under which the Court shall exercise jurisdiction over it. Both the definition and the conditions must be consistent with the UN Charter provisions. The most pertinent of these provisions is Article 39, which empowers the Security Council to determine 'the existence of any threat to the peace, breach of the peace, or act of aggression'. Based on the context of this provision the article discusses the envisaged role of the Security Council vis-á-vis the International Criminal Court in the prosecution of aggression. The author acknowledges the Council's primary responsibility in matters relating to the maintenance of international peace and security, but asserts that such responsibility is not exclusive. The author also concedes the Council's prerogative under Article 39 to determine whether a state has committed an act of aggression for purposes of making recommendations or taking enforcement measures against such a state. Nevertheless the author contends that such determination does not preclude the Court from making its own determination for the purpose of assigning criminal responsibility on individuals. The author argues that the Court is an independent, impartial judicial body. It should not be bound by determinations of the Council, a political body that is often guided more by political considerations than by the law and evidence. The author maintains that subjecting the Court's jurisdiction over aggression to Security Council determinations would eviscerate the Court's effectiveness and credibility.

part THE INTERNATIONAL CRIMINAL COURT: ITS MAIN FEATURES -- chapter 1 Some Reflections on the Rome Conference -- chapter 2 The Rome Statute of the ICC: Rays of Light and Some Shadows -- chapter 3 The Experience of the Preparatory Committee -- chapter 4 The International Criminal Court in Perspective: From the Rome Conference to the Years to Come -- chapter 5 The International Criminal Court: The Role of the Security Council -- chapter 6 The Role of the Security Council and the Independence of the International Criminal Court: Some Reflections -- chapter 7 The Rome Statute of the International Criminal Court: Exceptions to the Jurisdiction -- chapter 8 The Role of the Prosecutor -- chapter 9 The International Criminal Court: Jurisdiction, Trigger Mechanism and Relationship to National Jurisdictions -- part THE INTERNATIONAL CRIMINAL COURT AND THE INTERNATIONAL PROTECTION OF HUMAN RIGHTS -- chapter 10 Introductory Remarks -- chapter 11 The Rome Statute of the International Criminal Court and Human Rights -- chapter 12 Crimes Against Humanity and the Rome Statute of the International Criminal Court -- chapter 13 War Crimes in International Armed Conflicts -- chapter 14 War Crimes and Internal Conflicts in the Statute of the International Criminal Court -- chapter 15 The Protection of Children's Rights in the Statute of the International Criminal Court -- chapter 16 The Status of the Individual in the Statute of the International Criminal Court -- chapter 17 State's Crime and Individuals' Crimes: What Relationship? -- part THE INTERNATIONAL CRIMINAL JUSTICE SYSTEM AFTER THE ROME CONFERENCE -- chapter 18 The Preventive and the Repressive Function of the International Criminal Court -- chapter 19 The International Criminal Court and National Jurisdictions -- chapter 20 Follow up to Rome: Preparing for Entry into Force of the Statute of the International Criminal Court -- chapter 21 Current Political Developments and their Impact on the Future of the International Criminal Court -- chapter 22 The Obligation to Cooperate with the International Criminal Court and States not Party to the Statute -- chapter 23 Observations on the Appeal before the International Criminal Court -- chapter 24 Some Remarks on the Settlement of Disputes in the Rome Statute of the International Criminal Court -- chapter 25 The Status of Third States before the International Criminal Court -- chapter 26 Criminally Protected Legal Interests at the International Level after the Rome Statute -- part PROSPECTS FOR THE FUNCTIONING OF THE INTERNATIONAL CRIMINAL COURT -- chapter 27 Some Practical Remarks on the Early Functioning of the International Criminal Court -- chapter 28 Scenarios of Implementation of the Statute of the International Criminal Court -- chapter 29 Round Table: Prospects for the Functioning of the International Criminal Court -- chapter 30 Conclusions.