Rome Statute of the International Criminal Court

The Rome Statute of the International Criminal Court ( in Switzerland and Liechtenstein Rome Statute of the International Criminal Court, often referred to simply as the Rome Statute referred to ) is the contractual basis of the International Criminal Court (ICC ) based in The Hague.

History

The statute is rooted in numerous resolutions of the United Nations General Assembly, which called for a codification of principles on the punishment of war crimes and crimes against humanity, as well as various preparations of the International Law Commission. In June and July 1998, a Conference was held in Rome, which adopted the Statute elaborated there on 17 July 1998. It could then be signed by December 31, 2000 - a possibility that a total of 139 States made ​​use of the. Since then was and still is a candidate possible.

After Article 126, the statute in force, following the sixtieth day after the deposit of the sixtieth instrument of ratification or instrument of accession with the Secretary General of the United Nations shall be the first day of the month. This condition was met, as on 11 April 2002 ten countries simultaneously deposited their instruments of ratification, so the Statute entered into force on 1 July 2002.

Parties

122 States are party to the Rome Statute of the International Criminal Court ( ICC). It involves 34 African, 28 South, Central and North American countries, 11 Asian, 41 European and 8 oceanic States. 31 States signed the Statute, but not ratified it. Of the five permanent members of the UN Security Council, the U.S., Russia and the People's Republic of China does not ratizifizierten the statute.

The U.S. government signed in 2000, the Statute of the ICC. In 2002, she explained the unusual under international law, but permitted withdrawal of the signature. President Bill Clinton argued that he did not want to ratify the Rome Statute, as long as the U.S. will offer sufficient opportunity to review the International Criminal Court and its operation for a longer period .. Israel joined the behavior of the United States and took his signature also subsequently returned.

Of the 193 member states of the United Nations are thus 121 the statute joined ( the Cook Islands are not a UN member state ), 31 have signed it but not ratified the Statute and 41 have not signed it.

Content

The ICC Statute defines the function and structure of the court and the rules for its case-law, which is to deal with the worst crimes of individuals. In particular, it establishes a jurisdiction for the prosecution of genocide, crimes against humanity, war crimes and the crime of aggression. The Court's jurisdiction is further limited to crimes that were committed in the territory of a Contracting State or by a national of a Contracting State, and in time after entry into force of the Statute. However, this is only valid under the condition that the relevant national criminal justice system does not perform any investigation or has conducted adequate investigations or are not willing or is able to perform a proper prosecution. A special case is a referral of a case to the ICC by the Security Council of the UN dar. In such a case, neither the principle of territoriality and the principle of personality for the jurisdiction of the IStGHs is necessary. There is disagreement between experts in international law, whether a referral by the Security Council and the inaction of national courts is necessary. The ICC Statute, which classifies the ICC Judge Hans -Peter Kaul as the most important international agreement in addition to the UN Charter also sets out the general principles applicable to the Court of Criminal determine how Nulla poena sine lege, retroactivity, Individual criminal responsibility, Irrelevance of official capacity.

Assembly of States Parties and to the Staff Regulations

Assembly of States Parties

The ICC is institutionally monitored by the Assembly of States Parties to the Rome Statute. It meets once a year at the headquarters of the ICC or the UN Each Party shall have one voting representative. States that have signed the Rome Statute or the Final Act may be observers in the Assembly.

The Assembly has in particular the management oversight to the Presidency, the Prosecutor and the Registrar of the ICC, she decides the budget of the ICC and makes recommendations. It elects the Prosecutor and the 18 judges of the Court. She is also responsible for the adoption of Procedure.

The first meeting was held in New York in September 2002. The first Review Conference of the Rome Statute was held from 31 May to 11 June 2010 in Kampala (Uganda). The so far last, 12th meeting from 20 - November 28, 2013 in The Hague, was under intense political pressure from the African States Parties. They forced the Procedure of the ICC an exception to the attendance of the accused. Defendant, perceive the " extraordinary public commitments at the highest national level ," may be new to be represented by an attorney.

Changes to the statute

Changes to the statute are governed by the measures provided for in Articles 121 and 122 procedures. An amendment must be ratified by a State Party, in turn, so that it enters into force for it.

Two amendments to the Rome Statute were adopted at the first Review Conference in Kampala by the States Parties unanimously. This is the adopted on 10 June 2010 amendments to Article 8 and the adopted on 11 June 2010 Changes in respect of the crime of aggression.