EXIT OF SIGNITERIES FROM ROME STATUTE OF THE INTERNATIONAL CRIMINAL COURT: RESPONSIBILITIES OF STATE PARTIES (original) (raw)
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Nagari Law Review, 2020
The International Criminal Court is an international criminal justice institution established in the context of struggle against impunity. Eighteen years of operation of the ICC since 2002, ICC experienced a case where the state it one by one withdraw from membership, such as South Africa, Burundi, Gambia and the Philippines, which is due to the inclusion of ICC investigations related to these state as well as several reasons related to the existence of discriminatory ICC judicial operations patterns. What is the implementation of ICC legal norms by state parties, and how the impact on the existence of ICC is what will be discussed in this study. The research method used is Socio-Legal Research, which examines the relationship between juridical and political aspects. The results of this study conclude some evidence related to the implementation of ICC legal norms by withdrawing party states, such as the background to ratifying the Rome Statute 1998, the implementation of the law, an...
The Rome Statute of the International Criminal Court
American Journal of International Law, 1999
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.
2017
The Hague-based International Criminal Court, the world’s first permanent judicial forum, created in 1998 by the adoption of the Rome Statute, has been living difficult times during the past months. After years of struggle since its operations have started in 2002, the second half of 2016 has brought withdrawals, threats for withdrawals, and even a visibly collective strategy for a mass withdrawal of African states from the system. What keeps states in a similar structure, what makes them seriously consider a withdrawal, and what is the possible future of the International Criminal Court (ICC)?
Journal of Law, Policy and Globalization, 2018
Russia signed the Rome Statute on 8 September 2000. After the International Criminal Court commenced an examination of the alleged commission of international crimes during the Russian invasion in Georgia and Ukraine, Russia unsigned the Statute and ceased any co-operation with the Court which endangered international investigation and turns the object and purpose of the Statute, i.e. enforcement of international justice, redundant. The current Article argues that Russia, through unsigning the Rome Statute amid the ongoing investigation, violated Article 18 of the Vienna Convention on the Law of Treaties for three reasons: a) the normative nature of the Rome Statute triggers distinct regime from the general contracts; b) such special regime is recognised by the Russian Constitutional Court; c) Russia’s subsequent practice created legitimate expectation for the ratification of the Rome Statute. These aspects make Russian case different form unsigning the Statute by the USA. The curre...
The International Criminal Court and the Crime of Aggression
2001
The Rome Statute of the International Criminal Court (Rome Statute) was signed 17 July 1998. It will be a permanent court that will have jurisdiction over crimes in potentially all States. The defendants will not be States, but individuals. Among the four crimes listed in Rome Statute the crime of aggression was the most contentious. The issue of aggression and efforts to deter the use of force has been raised in various treaties, resolutions and cases in history, not least in the twentieth century. States have been found to commit acts of aggression and in some cases the international community has reacted in joint efforts, as against Iraq in the previous decade. However, only at one time in history individuals have been tried for a similar crime, during the Nuremberg and Tokyo trials in the aftermath of the Second World War. The informal consultations of the Rome Conference did not bring the delegations to an agreement on how to include the crime in the statute. Several States fro...
The International Criminal Court: The Failure of Justice
Book of Abstracts of the Unequal World Conference, 2020
The Charter of the Nürnberg Tribunal introduced crimes against peace and crimes against humanity into international criminal law. War crimes, that include grave breaches of the Geneva Conventions and other serious violations of laws and customs applicable in armed conflict, were included upon proposal by the United States in the Rome Statute that establishes the International Criminal Court (ICC). The ICC goes beyond the limits of multilateral international criminal justice which has been applied to the Nüremberg Trials. The Rome treaty, which essentially codifies customary jus cogens war crimes, allows the ICC to exercise jurisdiction over the nationals of non-party countries if the crime is committed in the territory of a party country. The U.S., which inspired the ICC, signed but not ratified the Rome Statute, and therefore has no legal obligations arising from such signature. Since 1998, the U.S. has declined to join the ICC because its broad powers could pursue "politically motivated prosecutions of Americans", thus posing a threat to U.S. sovereignty. When in January 2015, after the State of Palestine accessed the Rome Statute, the ICC opened an investigation for alleged war crimes committed by Israel – which is not a member of ICC – the U.S. sided with the government of Tel Aviv and began undermining the credibility of the Court. In fall 2016 South Africa, Burundi and The Gambia withdrew from the ICC, accusing it to be an instrument of political pressure of Western powers – The Gambia and South Africa revoked their decision in 2017. In November 2016 Russia, which has never ratified the Statute, withdrew all support for the ICC after its prosecutors said Moscow's 2014 annexation of Crimea and Sevastopol “amounts to an ongoing state of occupation”. When, in November 2017, the Court’s Office of the Prosecutor opened an investigation on alleged crimes committed in Afghanistan by U.S. military and civilian personnel, the U.S. stepped up efforts to de-legitimize the ICC. The U.S. stated that it wants to continue to exercise domestic jurisdiction over its nationals charged by the ICC for war crimes, thus removing them from international justice. Finally, the Philippines withdrew from the Rome Statute in March 2018, soon after the ICC began investigating whether President Rodrigo Duterte committed crimes against humanity in his drug crackdown. By weakening international justice institutions such as the ICC, we will return to a multilateral justice, or to the law of the strongest. Justice and law, to become universal values, must be applied anytime and everywhere without being bent to the interests of the strongest. Injustice anywhere is a threat to justice everywhere.