International criminal justice : the next step, the Hague

Abstract

This article is a detailed analysis of the Rome Statute for the International Criminal Court. This instrument aimed to establish a permanent international judicial body with jurisdiction over individuals who commit those crimes of most serious concern to the international community as a whole, such as genocide, war crimes, and crimes against humanity. The road to implementing the Rome Statute and creating an effective court is long and uncertain. Shortly after its adoption, national parliaments, diplomats, and the United Nations commenced their efforts to convert the International Criminal Court from a "paper institution" into an effective one. These efforts were supported by a large number of intergovernmental and non-governmental organizations. Furthermore, this article focuses on certain preliminary problems which must be remedied in order to facilitate the creation of the court. These problems are firstly the refining of the official text and its drafting in all official United Nations languages; secondly the drafting of additional instruments, such as the rules of procedure and evidence. These two problems are of a technical nature, involving primarily legal solutions. However the third problem succeeding in the ratification process, is principally a political matter. Yet each of them affects the setting-up of the International Criminal Court in a different manner and as such deserves separate treatment. The author concludes that the Statute is expected to come into force by the end of 2002, with-the required 60 ratifications. Various inter-governmental organizations have advised member states to ratify the Statute. However, these efforts are not sufficient to ensure that the court will start functioning. The permanent attention of international public opinion is of utmost importance to put pressure on national parliaments and governments to ratify the Statute as soon as possible.