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Rome Statute of the International Criminal Court

From Wikipedia, the free encyclopedia

The Rome Statute of the International Criminal Court (often referred to as the International Criminal Court Statute or the Rome Statute) is the treaty that established the International Criminal Court (ICC). It was adopted at a diplomatic conference in Rome on 17 July 1998[5] [6] and it entered into force on 1 July 2002.[2] As of January 2009, 108 states are party to the statute.[2] Among other things, the statute establishes the court's functions, jurisdiction and structure.

Rome Statute
Rome Statute of the International Criminal Court Drafted 17 July 1998
- location Rome[1]

Signed 17 July 1998[1]

- condition 60 ratifications[3]

Effective 1 July 2002[2]

Signatories 139[2] Parties 108[2] Depositary UN Secretary-General[1] Languages Arabic, Chinese, English, French, Russian and Spanish[4] Website http://untreaty.un.org/cod/icc/index.html Wikisource original text:
Rome Statute of the International Criminal Court

Contents
1 History 2 Ratification status 3 Review and amendment 4 See also 5 Notes and references 6 Further reading 7 External links

History
Following years of negotiations aimed at establishing a permanent international tribunal to punish individuals who commit genocide and other serious international crimes, the United Nations General Assembly convened a five-week diplomatic conference in Rome in June 1998 "to finalize and adopt a convention on the establishment of an international criminal court".[7][8] On 17 July 1998, the Rome Statute was adopted by a vote of 120 to 7, with 21 countries abstaining.[5] The seven countries that voted against the treaty were Iraq, Israel, Libya, the People's Republic of China, Qatar, the United States, and Yemen.[5] Article 126 of the statute provided that it would enter into force shortly after the number of states that had ratified it reached sixty.[3] This happened on 11 April 2002, when ten countries ratified the statute at the same time at a special ceremony held at the United Nations headquarters in New York.[9] The treaty entered into force on 1 July 2002;[9] the ICC can only prosecute crimes committed on or after that date.
[10]

Ratification status
See also: United States and the International Criminal Court

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As of January 2009, 108 countries are party to the Rome Statute, including nearly all of Europe and South America, and roughly half the countries in Africa.[2][11][12] A further 40 states have signed but not ratified the treaty;[2] the law of treaties obliges these states to refrain from acts which would defeat the object and purpose of the treaty.[13] In 2002, two of these states, The states parties to the Rome Statute (as of June 2008) the United States and Israel, "unsigned" the Rome Statute, indicating that they no longer intend to become states parties and, as such, they have no legal obligations arising from their signature of the statute.[2][14][15]

Review and amendment

See also: Review Conference of the International Criminal Court Statute Any amendment to the Rome Statute requires the support of a two-thirds majority of the states parties, and an amendment will not enter into force until it has been ratified by seven-eighths of the states parties.[16] Any amendment to the list of crimes within the jurisdiction of the court will only apply to those states parties that have ratified it.[16] The states parties are due to hold a Review Conference in the first half of 2010 to consider amendments to the statute.[17] The Review Conference is likely to adopt a definition of the crime of aggression, thereby allowing the ICC to exercise jurisdiction over the crime for the first time.

See also
International Criminal Court Act 2001 Vlkerstrafgesetzbuch

Notes and references

1. ^ a b c Article 125 of the Rome Statute. Retrieved on 20 January 2009. 2. ^ a b c d e f g h United Nations Treaty Collection. Rome Statute of the International Criminal Court. Retrieved on 5 October 2008. 3. ^ a b Article 126 of the Rome Statute. Retrieved on 20 January 2009. 4. ^ Article 128 of the Rome Statute. Retrieved on 20 January 2009. 5. ^ a b c Michael P. Scharf (August 1998). Results of the Rome Conference for an International Criminal Court. The American Society of International Law. Retrieved on 31 January 2008. 6. ^ Each year, to commemorate the adoption of the Rome Statute, human rights activists around the world celebrate 17 July as World Day for International Justice. See Amnesty International USA (2005). International Justice Day 2005. Retrieved on 31 January 2008. 7. ^ United Nations (1999). Rome Statute of the International Criminal Court Overview. Retrieved on 31 January 2008. 8. ^ Coalition for the International Criminal Court. Rome Conference 1998. Retrieved on 31 January 2008.
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