Abstract

Due to the fact that no work of this size could address every aspect of the Rome Statute, this study is limited to the provisions of Parts 2, 9, and 10 of the Rome Statute. These provisions cover all matters being on the relationship between the Court and states, in general, and especially the obligations of states parties under the Statute. The first chapter will examine the historical journey toward an international criminal court, beginning with World War I, continuing throughout the twentieth century and ending with the adoption of the Rome Statute in the Diplomatic Conference in Rome on June 1998. It will be seen that the will and intent of the world community constantly advocated the creation of an institution capable of punishing perpetrators of the most heinous crimes against mankind. Chapter II discusses Part 2 of the Rome Statute, which contains provisions on the ICC 's jurisdiction, admissibility of cases before the Court, and the applicable law for the Court. As will be shown in the analysis that follows, the jurisdiction of the Court was the most contentious issue discussed in Rome. Consequently, Chapter II will serve as an analysis of the most highly contested provisions related to the ICC's jurisdiction. It will introduce an overview of the Court's jurisdiction, including the nature and scope of that jurisdiction. Moreover, it will examine the preconditions for the Court to exercise its jurisdiction over a crime, the triggering mechanism for the Court's jurisdiction, and the complementarity threshold, including its requirements and exceptions. In Chapter III, one of the most important factors for the success of the Court in the future, namely, international cooperation and judicial assistance, is examined. Part Nine of the Rome Statute governing the cooperation between states and the Court is considered to be the cornerstone for the future of the Court. This study, in light of the Rules of Procedure and Evidence, will present a detailed analysis of the cooperation and assistance provisions needed from state parties, non-states parties, and intergovernmental organizations. Furthermore, it will examine the various forms of cooperation addressed in the Rome Statute, including the request for the arrest and surrender of persons to the Court, and requests for provisional arrest. In addition, Chapter III addresses the difficult question of implementation, and how states should take a positive role in the success of the Court by implementing the provisions of Part Nine within their national institutions. Chapter IV addresses states' recognition of the Court's judgments, the enforcement techniques for the states to execute the sentences of imprisonment issued by the Court, how a state is designated to enforce a sentence, and who bears the costs of enforcing an imprisonment sentence imposed on persons convicted by the ICC. Finally, Chapter V contains a discussion of the future of the ICC as a permanent institution. Specifically, the factors that will help support the court achieve its goals are explored against the backdrop of the features of the ICC that allow it successfully to function as an independent international criminal tribunal.

Download

Share

COinS