INTERNATIONAL CRIMINAL COURT

Background 1970s/1980s human rights groups lobbied for a permanent tribunal for placing suspected war criminals on trial International community has used ad hoc tribunals (as needed basis) – Rwanda – Yugoslavia

Rome Statute of the International Court July 1, 2002 treaty ratified by 60 states Mandate of court to place individuals rather than states on trial to prosecute crimes such as: – Genocide Genocide covers those specifically listed prohibited acts (e.g. killing, causing serious harm) committed with intent to destroy, in whole or in part, a national, ethnic, racial or religious group. – war crimes (include breaches of the Geneva conventions) War crimes cover grave breaches of the Geneva Conventions of 1949 and other serious violations, as listed in the Statute, committed on a large scale in international armed conflicts. – crimes against humanity (rape, torture, enslavement, persecution) Crimes against humanity cover those specifically listed prohibited acts when committed as part of a widespread or systematic attack directed against any civilian population. Such acts include murder, extermination, rape, sexual slavery, the enforced disappearance of persons and the crime of apartheid.

International Criminal Court Located at the Hague Primary responsibility to try crimes will belong to member states – Court will take action if national legal systems are unwilling to act

Interesting Point The United States sided with China, Libya, and Saudia Arabia in voting against the Rome Statute. Why?

Why? The U.S was afraid of losing jurisdiction and sovereignty and about the prospect of American soldiers being unjustly prosecuted.