internationalism, but on a pragmatic analysis of the interplay between the ICC and
customary international law.
ICC, Jurisdiction, State Sovereignty, Security Council, International
I believe an International Criminal Court is very much to be desired.Harold Pinter
In human history, thousand of wars have been fought and millions of lives and limbs
have been lost. This inevitably has been punctuated by many egregious instances of
crimes against humanityfor which few or no individuals have been held accountable.
At the end of the twentieth century the international community finally summoned its
will to establish a permanent international criminal court. In 1998, determined to put an
end to impunity for the perpetrators of atrocities and to prevent grave international
crimes, a diplomatic conference in Rome adopted the Statute of the International
Criminal Court (ICC).
The Rome Statute was approved by an overwhelming
The ICC Statute has received the sixty ratifications necessary for its entry
The new Statute promises to impact universal jurisdiction in particular and
the enforcement of international criminal law in general. While it is too soon to assess
the ICCs impact on the latter,
we could recognize at the outset that the ICC and
universal jurisdiction pursue similar goals. Both systems grant jurisdiction, albeit to a
different extent, over offenses such as: war crimes, crimes against humanity, and
genocide. Further, they attempt to punish crimes that domestic courts would otherwise
be unable to prosecute under ordinary heads of jurisdiction. This overlap raises
http://www.brainyquote.com/quotes/quotes/h/haroldpint366865.html (last visited on
July 4, 2010).
2U.N. Doc. A/CONF.183/9 (1998), reprinted in 37 I.L.M. 999 (1998) (hereinafter Rome Statute).
3120 participants in the Rome Conference voted in favor of the Rome Statute and 7 voted against it. 21 states
U.N. Press Release, U.N. Diplomatic Conference Concludes in Rome with Decision to Establish
Permanent International Criminal Court, July 17, 1998 (L/ROM/22),
lrom22.htm (last visited on July 4, 2010).
4Rome Statute art. 126.1.
The Statute of the International Criminal Court: Some Preliminary Reflections
, 10 E
. J. I