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Home > NDLS_SCHOLARSHIP > NDLS_PUBS > LAW FACULTY ARTICLES > 651


JOURNAL ARTICLES

 


THE ROME TREATY FOR AN INTERNATIONAL CRIMINAL COURT: A FLAWED BUT ESSENTIAL
FIRST STEP




AUTHORS

Douglass Cassel, Notre Dame Law SchoolFollow





DOCUMENT TYPE

Article




PUBLICATION DATE

1999




PUBLICATION INFORMATION

6 Brown J. World Aff. 41 (1999)




ABSTRACT

Last summer more than 150 UN member states met in Rome to negotiate a treaty to
establish a permanent international criminal court. Following years of
preparatory meetings in New York and five weeks of negotiation in Rome, they
voted 120 to seven, with twenty-one abstentions, for a treaty to establish an
International Criminal Court (ICC) to hear future cases of genocide, serious war
crimes and crimes against humanity. Most of the world's democracies-western and
central Europe together with countries like Argentina, Australia, Canada, Costa
Rica, South Africa and South Korea-supported the ICC. Only two democracies-the
U.S. and Israel-voted against, thereby joining the likes of China, Iraq and
Libya.

Before going into effect, the treaty must be ratified by sixty states.
Especially in view of U.S. opposition, that will take years, at minimum. As of
this writing, eighty-one states have signed the treaty, but only two, Senegal
and Trinidad and Tobago, have ratified it.

A product of extensive compromise, the ICC is far from perfect. Most
significantly, it may lack jurisdiction in some cases over atrocities committed
by tyrants against their own peoples. It may also allow too much room for
national governments to delay, obstruct and avoid credible international
prosecutions. But contrary to Washington's objections, the ICC presents little
risk of frivolous or politically motivated prosecutions of U.S. officials or
troops deployed abroad in peacekeeping or humanitarian missions. Despite its
flaws, the ICC should be supported as an essential first step.




RECOMMENDED CITATION

Douglass Cassel, The Rome Treaty for an International Criminal Court: A Flawed
but Essential First Step, 6 Brown J. World Aff. 41 (1999).
Available at: https://scholarship.law.nd.edu/law_faculty_scholarship/651


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