Sideshow Bob Roberts (talk | contribs) updates; restored UN link; rm several unsupported claims & off-topic stuff that belongs United States and the International Criminal Court; trimmed See also section; + misc |
|||
Line 10: | Line 10: | ||
|parties=105<ref name="ICC list of signatories">[http://www.iccnow.org/?mod=romesignatures ICC list of signatories]</ref> |
|parties=105<ref name="ICC list of signatories">[http://www.iccnow.org/?mod=romesignatures ICC list of signatories]</ref> |
||
|}} |
|}} |
||
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 |
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 January 2008, 105 states are party to the Statute.<ref name="ICC list of signatories"/> |
||
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.) |
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.) |
||
Line 16: | Line 16: | ||
The Statute provides for the ICC to have jurisdiction over three main classes of offences: [[genocide]], [[crimes against humanity]] and [[war crime]]s. |
The Statute provides for the ICC to have jurisdiction over three main classes of offences: [[genocide]], [[crimes against humanity]] and [[war crime]]s. |
||
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 [[Crimes against peace|the crime of aggression]], but only once a definition for that crime has been adopted by an amendment to the Statute.<ref>[http://www.un.org/law/icc/statute/99_corr/2.htm Part 2. Jurisdiction, admissibility and applicable law: Article 5 Crimes within the jurisdiction of the Court, Paragraph 2]</ref> |
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 [[Crimes against peace|the crime of aggression]], but only once a definition for that crime has been adopted by an amendment to the Statute.<ref>[http://www.un.org/law/icc/statute/99_corr/2.htm Part 2. Jurisdiction, admissibility and applicable law: Article 5 Crimes within the jurisdiction of the Court, Paragraph 2]</ref> |
||
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 |
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 2010.<ref>[http://www.icc-cpi.int/library/press/mediaalert/160703press_conf_presentation.pdf Page 4: Jurisdiction of the ICC: Section: The Crime of Aggression ](pdf) </ref> |
||
The ICC jurisdiction generally extends only to member nations and to their territory (12.1). There are two exceptions (12.2ab)..<ref>[http://www.un.org/law/icc/statute/99_corr/2.htm Part 2. Jurisdiction, admissibility and applicable law: Article 5 Crimes within the jurisdiction of the Court, Paragraph 2]</ref> |
The ICC jurisdiction generally extends only to member nations and to their territory (12.1). There are two exceptions (12.2ab)..<ref>[http://www.un.org/law/icc/statute/99_corr/2.htm Part 2. Jurisdiction, admissibility and applicable law: Article 5 Crimes within the jurisdiction of the Court, Paragraph 2]</ref> |
||
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 |
The [[People's Republic of China]], [[Iraq]], [[Israel]], [[Libya]], [[Qatar]], the [[United States]] and [[Yemen]] voted against adoption of the Rome Statute in 1998.<ref>Michael P. Scharf, August 1998. [http://www.asil.org/insights/insigh23.htm ''Results of the Rome Conference for an International Criminal Court'']. The American Society of International Law. Accessed [[4 December]] [[2006]].</ref> 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."<ref> {{cite web|url=http://www.state.gov/t/us/rm/25818.htm|title=American Justice and the International Criminal Court|accessdate=2007-10-22}}</ref> <ref>{{cite web|url=http://usinfo.state.gov/dhr/Archive/2004/Oct/13-40327.html|title=United States Defends Position on International Criminal Court|accessdate=2007-10-22}}</ref> |
||
== |
==The United States and Israel== |
||
{{main|United States and the International Criminal Court}} |
{{main|United States and the International Criminal Court}} |
||
The United States |
The United States voted against the adoption of the Statute in 1998. Ambassador David J. Scheffer explained the reason as: "Because the agreement that was reached puts at risk the vital efforts of the United States and others to promote international peace and security, while the worst perpetrators of atrocities may go unpunished."<ref>David J. Scheffer, Ambassador-at-Large for War Crimes Issues. U.S. Department of State Statement on creating an international criminal court. Washington, DC, August 31, 1998. http://www.state.gov/www/policy_remarks/1998/980831_scheffer_icc.html</ref> |
||
Statement on creating an international criminal court. Washington, DC, August 31, 1998. http://www.state.gov/www/policy_remarks/1998/980831_scheffer_icc.html</ref> For the actual final language of the Statute, America’s concerns were ignored and the final document was approved despite U.S. opposition.<ref>UN Press Release L/ROM/22. UN DIPLOMATIC CONFERENCE CONCLUDES IN ROME WITH DECISION |
|||
TO ESTABLISH PERMANENT INTERNATIONAL CRIMINAL COURT. Statute of Court Adopted by Non-Recorded |
|||
⚫ | |||
⚫ | |||
before The United Nations Security Council. January 20, 2000</ref> 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.<ref>Address by Senator Jesse Helms, Chairman, U.S. Senate Committee on Foreign Relations |
|||
before The United Nations Security Council. January 20, 2000</ref><ref>July 2, 1998. The International Criminal Court: Threatening U.S. Sovereignty and Security. by Brett D. Schaefer. Executive Memorandum #537. http://www.heritage.org/Research/InternationalOrganizations/EM537.cfm</ref><ref>February 5, 1999. The International Criminal Court vs. the American People by Lee A. Casey and David B. Rivkin, Jr. Backgrounder #1249.http://www.heritage.org/Research/InternationalOrganizations/BG1249.cfm</ref> |
|||
⚫ | 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 [[George W. Bush|Bush Administration]] informed the [[United Nations]] [[United Nations Secretary-General|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.<ref name="Examples of 'withdrawal', 'unsigning' terminolog">See, for example, [http://www.nacdl.org/public.nsf/newsreleases/2002mn026?opendocument] [http://www.thenation.com/doc/20020429/anderson] [http://www.wnd.com/news/article.asp?ARTICLE_ID=36724] [http://www.wnd.com/news/article.asp?ARTICLE_ID=27182] [http://observer.guardian.co.uk/comment/story/0,6903,977743,00.html]</ref> |
||
[[Democratic Party (United States)|Democratic Party]] [[United States presidential election, 2008|2008 United States Presidential candidates]] [[John Edwards]] and [[Dennis Kucinich]] the statute.[http://www.washingtonpost.com/wp-dyn/content/article/2006/12/28/AR2006122800457_pf.html] |
|||
On August 28 2002 Israel submitted a letter, to the same effect, to the United Nations.<ref>http://www.amicc.org/icc_ratifications.html#*</ref> The United Nations has not removed the name of the United States from the official list of signatories,<ref name="UN Signature List">[http://untreaty.un.org/ENGLISH/bible/englishinternetbible/partI/chapterXVIII/treaty11.asp UN Signature list - contains official US communication concerning 'withdrawal' of signature]</ref> but while, according to the [[Vienna Convention on the Law of Treaties|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.<ref>[http://web.archive.org/web/20050208040137/http://www.un.org/law/ilc/texts/treatfra.htm The 1969 Vienna Convention on the Law of Treaties], Article 18. Accessed 2007-01-23.</ref><ref> [http://www.asil.org/insights/insigh87.htm U.S. Announces Intent Not to Ratify International Criminal Court Treaty], ''American Society of International Law'', [[2002-05-01]], accessed on [[2007-01-23]]</ref> |
|||
⚫ | |||
==See also== |
==See also== |
||
⚫ | |||
*[[Command responsibility]] |
|||
⚫ | |||
*[[States Parties to the Rome Statute of the International Criminal Court]] |
|||
*[[Völkerstrafgesetzbuch]] |
*[[Völkerstrafgesetzbuch]] |
||
*[[International Criminal Court Review Conference]] |
|||
== |
==External links== |
||
{{Wikisource}} |
{{Wikisource}} |
||
* [http://www.un.org/law/icc/statute/romefra.htm Official website] |
* [http://www.un.org/law/icc/statute/romefra.htm Official website] |
||
*[http://www.un.int/usa/04_257.htm Article 98] |
|||
==References== |
==References== |
Revision as of 16:48, 18 January 2008
Template:Treatybox 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 January 2008, 105 states are party to the Statute.[1]
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.[2] 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 2010.[3]
The ICC jurisdiction generally extends only to member nations and to their territory (12.1). There are two exceptions (12.2ab)..[4]
The People's Republic of China, Iraq, Israel, Libya, Qatar, the United States and Yemen voted against adoption of the Rome Statute in 1998.[5] 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]
The United States and Israel
The United States voted against the adoption of the Statute in 1998. Ambassador David J. Scheffer explained the reason as: "Because the agreement that was reached puts at risk the vital efforts of the United States and others to promote international peace and security, while the worst perpetrators of atrocities may go unpunished."[8]
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.[9]
On August 28 2002 Israel submitted a letter, to the same effect, to the United Nations.[10] The United Nations has not removed the name of the United States from the official list of signatories,[11] 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.[12][13]
US Senators have suggested that the treaty could not be ratified without a constitutional amendment.[citation needed]
See also
External links
References
- ^ Cite error: The named reference
ICC list of signatories
was invoked but never defined (see the help page). - ^ Part 2. Jurisdiction, admissibility and applicable law: Article 5 Crimes within the jurisdiction of the Court, Paragraph 2
- ^ Page 4: Jurisdiction of the ICC: Section: The Crime of Aggression (pdf)
- ^ Part 2. Jurisdiction, admissibility and applicable law: Article 5 Crimes within the jurisdiction of the Court, Paragraph 2
- ^ Michael P. Scharf, August 1998. Results of the Rome Conference for an International Criminal Court. The American Society of International Law. Accessed 4 December 2006.
- ^ "American Justice and the International Criminal Court". Retrieved 2007-10-22.
- ^ "United States Defends Position on International Criminal Court". Retrieved 2007-10-22.
- ^ David J. Scheffer, Ambassador-at-Large for War Crimes Issues. U.S. Department of State Statement on creating an international criminal court. Washington, DC, August 31, 1998. http://www.state.gov/www/policy_remarks/1998/980831_scheffer_icc.html
- ^ See, for example, [1] [2] [3] [4] [5]
- ^ http://www.amicc.org/icc_ratifications.html#*
- ^ UN Signature list - contains official US communication concerning 'withdrawal' of signature
- ^ The 1969 Vienna Convention on the Law of Treaties, Article 18. Accessed 2007-01-23.
- ^ U.S. Announces Intent Not to Ratify International Criminal Court Treaty, American Society of International Law, 2002-05-01, accessed on 2007-01-23