2000Osgoode Hall law journalOpen access

The Rome Statute on the International Criminal Court: From 1947-2000 and beyond

Sharon A. Williams

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Abstract

On 17 July 1998 the International Criminal Court Statute was adopted in Rome by the United Nations Diplomatic Conference of Plenipotentiaries. It will become operative once sixty states have ratified. It will have subject matter jurisdiction over genocide, war crimes, crimes against humanity and in the future aggression once an appropriate definition has been agreed upon. It is the culmination of work that began in United Nations history in 1947. Its intent is to replace the cycle of impunity for some of the most heinous international crimes with accountability. The philosophical and practical underpinnings of the ICC are deterrence, prosecution and justice for victims. This article explores the evolution of the ICC and then concentrates on one of the most controversial issues, the preconditions for the ICC's exercise of jurisdiction over the listed crimes.

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On 17 July 1998 the International Criminal Court Statute was adopted in Rome by the United Nations Diplomatic Conference of Plenipotentiaries. It will become operative once sixty states have ratified. It will have subject matter jurisdiction over genocide, war crimes, crimes against humanity and in the future aggression once an appropriate definition has been agreed upon. It is the culmination of work that began in United Nations history in 1947. Its intent is to replace the cycle of impunity for some of the most heinous international crimes with accountability. The philosophical and practical underpinnings of the ICC are deterrence, prosecution and justice for victims. This article explores the evolution of the ICC and then concentrates on one of the most controversial issues, the preconditions for the ICC's exercise of jurisdiction over the listed crimes.

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Available abstract

On 17 July 1998 the International Criminal Court Statute was adopted in Rome by the United Nations Diplomatic Conference of Plenipotentiaries. It will become operative once sixty states have ratified. It will have subject matter jurisdiction over genocide, war crimes, crimes against humanity and in the future aggression once an appropriate definition has been agreed upon. It is the culmination of work that began in United Nations history in 1947. Its intent is to replace the cycle of impunity for some of the most heinous international crimes with accountability. The philosophical and practical underpinnings of the ICC are deterrence, prosecution and justice for victims. This article explores the evolution of the ICC and then concentrates on one of the most controversial issues, the preconditions for the ICC's exercise of jurisdiction over the listed crimes.

Key concepts: Impunity, Genocide, Crimes against humanity, Law, War crime, Rome Statute of the International Criminal Court, Jurisdiction, Political science

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