Rome Statute

International Criminal Court Headquarters, Netherlands

Rome Statute of the International Criminal Court (often referred to simply as the Rome Statute) is the treaty that established the International Criminal Court (ICC). Adopted at a diplomatic conference in Rome, Italy on 17 July 1998, it entered into force on 1 July 2002, after it had been ratified by 60 countries. The Rome Statute provides the ICC with the jurisdiction over four main international crimes: genocide, crimes against humanity, war crimes, and the crime of aggression, ensuring that those responsible for the most serious crimes of concern to the international community as a whole must not go unpunished.

History

The movement to establish an international tribunal to prosecute crimes against humanity began after World War I. However, it was not until the aftermath of World War II, with the establishment of the Nuremberg Trials and the Tokyo Trials, that concrete steps were taken towards the formation of a permanent international court. The Cold War stalled these efforts, but the idea regained momentum in the 1990s, culminating in the adoption of the Rome Statute in 1998.

Jurisdiction and Functioning

The ICC, governed by the Rome Statute, is an independent international tribunal that sits in The Hague, Netherlands. The Court has the authority to prosecute individuals for the international crimes of genocide, crimes against humanity, war crimes, and the crime of aggression. The jurisdiction of the ICC is complementary to national criminal jurisdictions, meaning it can only prosecute cases when national courts are unwilling or unable to do so.

Admissibility

Cases must meet certain criteria to be admissible to the ICC. The Court must determine that the case is of sufficient gravity, that the national jurisdictions are not genuinely carrying out proceedings (principle of complementarity), and that the suspects are not being tried for the same crimes by another court.

Membership

As of the last update, over 120 countries are parties to the Rome Statute. However, some major countries, including the United States, China, Russia, and India, have not joined. The reasons for non-ratification vary, including concerns over sovereignty and the jurisdiction of the ICC.

Amendments

The Rome Statute has been amended to include the crime of aggression, which was adopted at the Review Conference in Kampala, Uganda, in 2010. These amendments expanded the Court's jurisdiction but also introduced conditions that limit the exercise of jurisdiction over the crime of aggression.

Criticism and Challenges

The ICC and the Rome Statute have faced criticism and challenges, including accusations of bias, inefficiency, and the undermining of state sovereignty. Some countries have threatened to withdraw from the Rome Statute, citing these concerns. Additionally, the Court's reliance on state cooperation for arrests and evidence collection has hindered some of its investigations and prosecutions.

Impact and Significance

Despite its challenges, the Rome Statute and the ICC represent a significant development in international law and the pursuit of global justice. They embody the international community's commitment to holding individuals accountable for the most serious crimes, beyond the reach of national jurisdictions.