Pdf interpretation and application of article 98 of the rome statute. Fifteenth session of the international criminal court. On 1st july 2008, the rome statute of the international criminal court entered into force enabling the icc, as laid down in the preamble to the statute, to affirm that the most serious crimes of concern to the international community as a whole must not go unpunished and that their effective prosecution must be ensured. The rome statute includes article 98, which states. The meaning of the state consent precondition in article 122 of the rome statute of the international criminal court. General principles of criminal law article 22 nullum crimen sine lege article 23 nulla. It was adopted at a diplomatic conference in rome, italy on 17 july 1998 and it entered into force on 1 july 2002. William samoei ruto and joshua arap sang, the african unions amicus curiae.
The african union and the international criminal court. In order to address this untenable position, south africa used the mechanism of consultation available under article 97 of the rome statute, the first state party to do so, but to no avail. Command responsibility, pursuant to articles 73 and 63 of the statutes of the ad hoc tribunals for the former yugoslavia and for rwanda, respectively, is responsibility for the commanders own acts or omissions in failing to prevent or punish the crimes of his subordinates whom he knew or had reason to know were about to commit serious crimes or had already done so. This article intends to serve the overall purpose of part 9 of the rome.
Where a state party receives a request under this part in. South africa will therefore approach the secretariat of the assembly of states parties asp to the rome statute, the political body of the icc, to ensure that discussions take place during the asp meeting to be held in the hague from 18 to 26 november 2015, on the rules and procedures that must be developed to ensure clarity on the article 97. Further definitions of each of the proceeding qualifications are explained in article 7, paragraph 2 of the rome statute. The term article 98 agreement refers to the provision of the rome statute establishing the international criminal court that prohibits the court from prosecuting someone located within an icc member state if doing so would cause the member state to violate the terms of other bilateral or multilateral treaties to which it may be a. Article 982 cooperation with respect to waiver of immunity and consent to surrender. Individual criminal responsibility according to article 25. On 1st july 2008, the rome statute of the international criminal court entered into force enabling the icc, as laid down in the preamble to the statute, to affirm that the most serious crimes of concern to the international community as a whole must not go unpunished and that their effective prosecution must. Resolution on consultations pursuant to article 97 c of the rome statute of the international criminal court the assembly of states parties, bearing in mind the provisions of part 9 of the rome statute on international cooperation and judicial assistance, as well as relevant rules of procedure and evidence. Aug 01, 2002 signing of article 98 agreement of the rome statute john bolton, under secretary for arms control and international security remarks at the romanian foreign ministry bucharest, romania august 1, 2002. On the eve of albashirs travel to johannesburg, judge tarfusser acting as an icc single judge had affirmed.
Registry report on the consultations undertaken under article. 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. Cooperation with respect to waiver of immunity and consent to surrender. Registry report on the consultations undertaken under article 97 of the rome statute by the republic of south africa and the departure of omar al bashir from south africa on 15 june 2015. During the second half of the 20th century, the definitions of the crimes that were prosecuted at nurnberg evolved considerably, so that they. The dramatic midnight vote in rome on july 17, 1998, called by the united. The continuing functions of article 98 of the rome statute. United nations convention on the law of the sea contents page. Signing of article 98 agreement of the rome statute. Rome statute of the international criminal court 45. Establishment of the court article 1 the court article 2 relationship of the court with the united nations.
In case of doubt as to the application of this paragraph, the court shall decide. Human rights watch believes that the construction of the phrase in. The united states is not a party to the international criminal court and this article demonstrates that it has a complicated relationship to questions of complementarity in the rome statute. The international criminal court icc was established on july 17, 1998 when 120 countries adopted the rome statute, the treaty establishing the icc. Oct 23, 2018 the international criminal court icc was established on july 17, 1998 when 120 countries adopted the rome statute, the treaty establishing the icc. The text of the rome statute reproduced herein was originally circulated. There are no procedures to guide article 97 consultations, and south africa is disappointed that the process, that in our view should clearly have been a diplomatic process was turned into a judicial process. The principles were developed by the federal tribunal by way of analogy with an old statute, enacted in the days before the civil code and designed primarily. Amnesty international is also concerned that two states that have signed the rome statute, east timor and israel, have signed impunity agreements in israels case, the. Core crimes defined in the rome statute of the icc.
Article 68 protection of the victims and witnesses and their participation in the proceedings 1. Article 98 of the rome statute does not forbid the issuance of an arrest warrant for a sitting head of state. Article 97 is a clause which may be used to resolve problems that may arise in relation to requests for cooperation under part 9. When i signed the rome statute on behalf of the united states on december 31, 2000, ferencz was very much on my mind as one of the most instrumental voices on the illegality of aggression and the imperative need for international justice. Article 7, rome statute of the international criminal courtjuly 1998, rome paragraph 1 against any civilian population, pursuant to or in furtherance of a state or organizational policy to commit such attack. He changed the world at nuremberg, and he certainly influenced the creation of the rome statute. A theoretical analysis of the source of international criminal jurisdiction volume 49 issue 2 mitsue inazumi. Because it viewed the function of article 98 as forbidding such arrest warrants, it views the current. Relevant rome statute provisions and procedure 23 a.
Whereas the statutes ofthe 1ctyand the ictr are suent as to the applicable law, the international law commissions 1994 draft statute for an international. Rome statute of the international criminal court preamble the states parties to this statute, conscious that all peoples are united by common bonds, their cultures pieced together in a shared heritage, and concerned that this delicate mosaic may be shattered at any time. Commentary on the rome statute of the international criminal. The complementarity regime of the international criminal.
These crimes are detailed in articles 6, 7, 8, and 8 bis of the rome statute, respectively. Rome statute of the international criminal court u united nations the text reproduced herein incorporates the corrections effected byprocsverbaux of 10 november 1998, 12 july 1999, 30 november 1999 and 8 may 2000. Rome statute of the international criminal court wikipedia. Nc general statutes chapter 97 3 employee shall not include any person elected or appointed and empowered as an executive officer, director, or committee member under the charter, articles, or bylaws of a nonprofit corporation subject to chapter 47a, 47c, 47f, 55a, or 59b of the general statutes, or any organization exempt from. Many government, ngo and other international law experts argue that the us is misusing article 98 of the rome statute, the provision of the. Commentary on the rome statute of the international criminal court, second edition, ch. Under the rome statute, war crimes are any of the following breeches of the. The purpose of this article is first to analyze the procedure of the court as it emerges from the said legal bases, for lack of any court practice at this point. The preamble of the rome statute of the international criminal court and article 1 refer to the international criminal court icc as an in ternational institution that shall be complementary to national crimi nal jurisdictionsvthis complementary relationship between the icc and national criminal jurisdictions means that, as opposed to. The relevance ofthe rome statute of the international. The rpe may be proposed by the court but must be adopted by the assembly of states parties article 51 of the icc statute. Jun 01, 2005 the meaning of the interests of justice in article 53 of the rome statute.
The jurisdiction and functioning of the court shall be governed by the provisions of this statute. The rome statute of the international criminal court is the treaty that established the. Nov 11, 2016 the states parties of the international criminal court icc will meet in the hague from november 1624, 2016 at the annual session of the assembly of states parties asp. Rome statute of the international criminal court 7 rome statute of the international criminal court preamble the states parties to this statute, conscious that all peoples are united by common bonds, their cultures pieced together in a shared heritage, and concerned that this delicate mosaic may be shattered at any time. It was adopted at a diplomatic conference in rome, italy on 17 july. Introduction international criminal court article 98. Rome statute of the international criminal court part 1. Establishment of the court article 1 the court an international criminal court the court is hereby established. The missing pieces in article 8 bis aggression of the rome. Article 98 bilateral immunity agreements foreign policy blogs. Here is the access to the commentaries and the rome statute and the rules of procedure and evidence. Swiss private international law was a body of case law for more than hundred years. Volume 2187, 8544 english text texte anglais rome statute of the international criminal court u united nations the text reproduced herein incorporates the corrections effected byprocsverbaux of 10 november 1998, 12 july 1999, 30 november 1999 and 8 may 2000. Article 96 contents of request for other forms of assistance under article 93 article 97 consultations article 98 cooperation with respect to waiver of immunity and consent to surrender.
Federal and to a small degree state criminal law in the united states codifies some of the crimes that, conceptually, relate to conduct proscribed in the rome statute, but coverage is incomplete and. The article concludes that few asian state parties to the rome statute have incorporated the. The meaning of the interests of justice in article 53 of. Rome statute of the international criminal court articles 77. Rome statute article 97 obliges icc member states to consult with the court if a problem is identified that could potentially impede or prevent the execution of an icc request, such as a request to arrest and surrender an icc suspect. Pdf interpretation and application of article 98 of the. On 1st july 2008, the rome statute of the international criminal court entered into force enabling the icc, as laid down in the preamble to the statute, to affirm that the most serious crimes of concern to the international community as a whole must not go unpunished and that their effective prosecution must be ensured by taking measures at national level and by enhancing international. Diaconescu, and its a great pleasure to be here in bucharest today. The meaning of the state consent precondition in article 122. Contents of request for other forms of assistance under article 93 article 97 consultations article 98. Rome statute of the international criminal court contents. Surprises of part 9 of the rome statute on international cooperation.
Article 2 relationship of the court with the united nations. The report of the bureau on complementarity defines positive. Fair and effective investigation and prosecution of. Twenty years of the rome statute of the international criminal court. Why the security council should not be involved regarding al. Bilateral nonsurrender agreements and article 98 of the. Challenges to the independence of the international criminal. As of february 2005, there were 9 signatories and 97 parties to the rome statute. Dapo akande, in a scholarly opinion argues th at the articles of the rome statute article 2 7 and article 98 are not. Rome statute of the international criminal court part 9. The meaning of the state consent precondition in article. Genocide means any of the following acts committed with intent to destroy, in whole or in part, a.
Many government, ngo and other international law experts argue that the us is misusing article 98 of the rome statute. The rome statute entered into force on july 1, 2002. Categories of international crime half a century later, the rome statute of the international criminal court icc. This is another useful contribution, giving as it does a provisionbyprovision analysis of the icc statute. Pdf individual criminal responsibility according to article. These procsverbaux are reproduced following the text of the statute. Article 73 of the icty statute and article 63 of the.
Subject to article 110, the court may impose one of the following penalties on a person convicted of a crime referred to in article 5 of this statute. While article 71b does not elaborate on the definition of extermination, article 72b clarifies that it includes the inteal infliction of conditions of life, inter alia the deprivation of. Rome statute of the international criminal court icc cpi. The international criminal court icc represents the culmination of decades of work toward an independent standing international court capable of prosecuting and trying the most heinous of all international criminals. South africas submission to the international criminal. Judicial lawmaking at the intersection of law and morals, 97 geo. In geneva conventions rwanda 1994 and by the rome statute 1998, which created an international criminal court read more. Pdf many high officials accused for crimes falling under the icc. The issue addressed in this article is whether and to what extent the gravity threshold in the rome statute serves its purpose in determining case admissibility to the icc. Article 98 2 cooperation with respect to waiver of immunity and consent to surrender. The missing pieces in article 8 bis aggression of the rome statute.
The rome statute includes article 98, which states article 982 cooperation with respect to waiver of immunity and consent to surrender. A commentary volumei editedby antonio cassese paola gaeta. The missing pieces in article 8 bis aggression of the. Judicial interpretations of modes of liability in the rome statute 23 i. Signing of article 98 agreement of the rome statute john bolton, under secretary for arms control and international security remarks at the romanian foreign ministry bucharest, romania august 1, 2002. This article examines some of the unexpected developments in the application of part 9 of the rome statute on international cooperation and judicial. Establishment of the court article 1 the court article 2 relationship of the court with the united nations article 3 seat of the court article 4 legal status and powers of the court part 2. Article 86 general obligation to cooperate states parties shall, in accordance with the provisions of this statute, cooperate fully with the court in its investigation and prosecution of crimes within the jurisdiction of the court. If a state becomes a party to this statute after its entry into force, the court may exercise its jurisdiction only with respect to crimes committed after the entry into force of this statute for that state, unless that state has made a declaration under article 12, paragraph 3. Since entering into force in july 2002, the rome statute has continued to gather support from other countries around the world. Commentary on the rome statute of the international.
Article 97 consultations 48 article 98 cooperation with respect to waiver of immunity and consent to surrender 48. The statute defines the procedure of the court mainly in its part 5 entitled investigation and prosecution and in its. The african union commission vehemently objects to this reading of article 98. Thirdly, the contributions have been more focused on the wording of each article of the rome statute than the other commentary that has followed a thematic approach. It shall be a permanent institution and shall have the power to exercise its jurisdiction over persons for the most serious crimes of international concern, as. Statute such judicial rulemakingis only marginally possible. The united states and the international criminal court. Rome statute of the international criminal court, 1998. Established as one of the main sources for the study of the rome statute of the international criminal court, this volume provides a detailed analysis of the statute. Rome statute of the international criminal court 8 crimes of international concern, as referred to in this statute, and shall be complementary to national criminal jurisdictions. About commentary on the rome statute of the international criminal court. International cooperation and judicial assistance 42 article 86 general obligation to cooperate 42 article 87 requests for cooperation.
1284 689 729 760 970 591 22 147 986 181 945 639 880 1479 854 1258 1251 1027 335 484 1204 727 961 754 1034 666 1544 1162 583 1163 1481 1095 325 1261 644 185 946