International Law Outline


Statute of the International Criminal Court



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Statute of the International Criminal Court [ROME STATUTE] – 1998 (659-61)

  1. July 1, 2002 – entered into force. May 2006 – 100 parties

    1. Have adopted staff, P&I of staff, financial regulations, procedural and evidential rules

  2. no crimes of “aggression” – just genocide, war crimes, and CAH

    1. US worried about such crimes

    2. All crimes defined BROADLY

  3. Article 12

    1. Voluntary opt-in allowed – BUT, once you’ve opted-in, you open yourself up to investigation of any war crimes, including after the specific event you opted-in about is over.

    2. US proposed “consent” approach – state of nationality would need to consent every time. VERY traditional. Rejected.

  4. Article 15 – trying to limit power of prosecutor.

    1. Can do initial investigations – but doesn’t want to leave too much of a paper trail because ICC rules give defense access to all of this information

    2. Then, goes to pre-trail chamber of judges, “reasonable basis”

  5. Article 16 – allows UN security council to postpone

    1. US thought it was good idea

    2. Other side – 12 month deferral isn’t great, but unlikely politically they’ll be able to use too often.

  6. Article 17 – this is supposed to COMPLEMENT what’s being offered domestically.


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