The Rome Statute of the International Criminal Court (ICC) is a treaty that established the ICC, the first permanent international criminal court to prosecute individuals for the most serious crimes Crimes that are considered of international concern include acts such as genocide,
https://lawlegal.me/rome-statute-1998/
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March 29, 2023
rome statute 1998
lawlegal.me/rome-statute-1998
The Rome Statute of the International Criminal Court (ICC) is a treaty that established the ICC, the first
permanent international criminal court to prosecute individuals for the most serious crimes Crimes that are
considered of international concern include acts such as genocide,
crimes against humanity, war crimes, and aggression. In 1998, the Rome Statute was ratified and it became
effective in 2002. This article will provide an overview of the Rome Statute and its significance in international
law.
History of the Rome Statute
On July 17th, 1998, the Rome Statute was adopted during the United Nations Diplomatic Conference of
Plenipotentiaries which was held in Rome with the objective of establishing an International Criminal Court.
The conference was attended by over 160 countries and resulted in the adoption of the Rome Statute by a vote
of 120 in favor, 7 against, and 21 abstentions. The Rome Statute was open for signature on 18 July 1998 and
was signed by 120 countries.
Structure of the Rome Statute
The Rome Statute is divided into four main parts. Part I contains the establishment of the ICC and its
jurisdiction. Part II describes the general principles of criminal law and the definition of crimes within the
jurisdiction of the ICC. Part III outlines the organization and administration of the ICC, including the composition
of the court, the election of judges, and the role of the prosecutor. Part IV contains provisions regarding
cooperation with the ICC and the enforcement of its decisions.
Significance of the Rome Statute
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The Rome Statute is significant in international law as it represents a major milestone in the fight against
impunity for the most serious crimes of international concern. The ICC has the power to prosecute individuals
who commit crimes under its jurisdiction, regardless of their nationality or the location of the crimes. The Rome
Statute also contributes to the development of international criminal law, as it establishes a framework for the
prosecution of international crimes and provides guidance on the elements of crimes and the procedure of the
court.
Criticism of the Rome Statute
The Rome Statute has been subject to criticism from some states and individuals. Some states have criticized
the ICC for its perceived bias against African states, as most of the cases before the court have been against
individuals from African countries. Others have criticized the ICC for its lack of enforcement powers and its
reliance on state cooperation to execute its decisions. Some individuals have also criticized the ICC for its
limited scope, as it only has jurisdiction over crimes committed after the entry into force of the Rome Statute and
within the jurisdiction of states that have ratified the treaty.
Impact of the Rome Statute
The Rome Statute has had a significant impact on the development of international criminal law and the fight
against impunity for international crimes. Here are some of the key impacts of the Rome Statute:
Deterrence
The existence of the ICC and the threat of prosecution for international crimes has helped to deter individuals
from committing such crimes. The Rome Statute sends a message that there is no impunity for international
crimes and that those who commit such crimes will be held accountable.
Accountability
The ICC has been responsible for prosecuting individuals for international crimes, which has helped to hold
perpetrators accountable for their actions. The ICC has issued arrest warrants for several high-profile
individuals, including Sudanese President Omar al-Bashir, who was charged with genocide, crimes against
humanity, and war crimes committed in Darfur.
Victim Participation