Rome Conference

Rome Conference

International Criminal Court Creation of the Court The Rome Conference

Introduction to Rome Conference

The nearly century-long effort to establish a permanent court culminated with a 1998 UN diplomatic conference in Rome, Italy, convened for the sole purpose of finalizing a statute on the establishment of an international criminal court. The global event attracted representatives of 160 countries, 17 intergovernmental organizations, 14 specialized agencies of the UN, and some 250 nongovernmental organizations.

The Rome Statute was adopted by a vote of 120 in favor, 7 against, and 21 abstaining. The names of the countries voting were not recorded, but three countries-the United States, Israel, and China-openly stated their reasons for voting against the statute. The United States objected to the court’s independent power to initiate prosecutions and sought a greater role for the UN Security Council. For example, U.S. negotiators, fearful that American soldiers and peacekeepers abroad could be brought before the court on politically motivated charges, had tried to reshape the statute to give the Security Council exclusive power to initiate prosecutions. This would have allowed the United States, as a permanent member of the Security Council, to veto any prosecutions it opposed. However, this proposal was defeated by a majority concerned about placing prosecutorial decisions in the hands of a political body. The United States, along with China, also objected to the court’s power, in certain circumstances, to arrest and try citizens of countries that have not signed the statute, arguing that prosecutions should require the consent of the accused person’s government. Israel objected to the statute’s list of war crimes because it included the act of moving populations into occupied territories. Some abstaining states objected to the failure to include terrorism or the use of nuclear weapons as crimes, and others opposed the decision to eliminate the death penalty in sentencing.

Although the United States voted against the treaty, U.S. officials expressed satisfaction with much of the statute. President Bill Clinton ultimately signed it, although he did not submit it to the United States Senate for approval. In May 2002 President George W. Bush, citing the same objections raised by U.S. officials during the Rome conference, informed the UN that the United States would not ratify the agreement, terminating the effect of Clinton’s signature.

The nonparticipation of the United States and other major powers could weaken the court by raising questions about its legitimacy. Nonparticipation could also limit the court’s financial resources because funding is provided only by countries that are parties to the Rome Statute. However, if most major powers ratify the Rome Statute, the effect of nonparticipation on the ICC may be minimal. In fact, the interests of the United States and other ICC opponents could be hurt by their nonparticipation, because their governments will be unable to participate in the election of judges, selection of prosecutors, and development of the rules of evidence and procedure, all of which will have a major impact on future development of the court and its effectiveness. ” (1)

Resources

Notes and References

Guide to Rome Conference


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