International Criminal Law
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diplomatic conference. Upon concluding its work the Prep Com, having met six
times since 1996, asked the General Assembly to convene a diplomatic conference
for the purposes of finalising the statute in treaty form and adoption by the
international community. A heavily bracketed draft treaty—the brackets indicating
unresolved issues and details—was laid before a conference of plenipotentiaries for
negotiation in July 1998 in Rome, where, after extremely intense negotiations and
compromises on all sides, the International Criminal Court (ICC) Statute was signed
on 17 July 1998.
10
One hundred and twenty States voted in favour of the treaty, seven
voted against (US, China, Libya, Iraq, Israel, Qatar, Yemen) and 21 abstained.
Following the Rome Conference in the summer of 1998, the US proclaimed that it
would not sign the Statute. However, after fears that the country would isolate itself
from the proceedings of the ICC Preparatory Commission and create a bad
international image,
11
the US finally signed the text of the Statute on 31 December
2000, but then withdrew its signature on 6 May 2002, making it clear that it had no
intention of ratifying this instrument. This was not a symbolic act, since it connoted
that the US was no longer bound to respect the object and purpose of the treaty, and
as will become clear below in this chapter, from that moment onwards it openly
adopted a hostile attitude towards it. Following the required sixtieth ratification,
the ICC Statute finally entered into force on 1 July 2002.
Unlike the two
ad hoc
Tribunals for Yugoslavia and Rwanda, the ICC is a permanent
international criminal court established by its founding treaty.
12
It has been endowed
with international legal personality
13
and, although it is an independent judicial
institution, the drafters of the ICC Statute wished it to be related through an
agreement with the UN.
14
This is desirable because the Security Council plays a
significant role in referring cases to the court and there is, further, a need to assert
the Council’s absolute authority over issues concerned with international peace and
security, and thus maintain coherency in that field. There is no financial relationship
between the ICC and the UN, except in cases where the court’s expenses have been
incurred as a result of Security Council referrals.
15
All other expenses are to be borne
from assessed contributions made by States parties, or voluntary contributions.
16
The Preparatory Commission, established as a result of the 1998 Rome Conference,
worked,
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