The Hague, The Rome Statute, and Who we are

[Torn_Scorned_Ignored]

ROME STATUTE OF THE INTERNATIONAL CRIMINAL COURT*


PREAMBLE
The States Parties to this Statute,

Conscious that all peoples are united by common bonds, their cultures pieced together in a shared heritage, and concerned that this delicate mosaic may be shattered at any time,

Mindful that during this century millions of children, women and men have been victims of unimaginable atrocities that deeply shock the conscience of humanity,

Recognizing that such grave crimes threaten the peace, security and well-being of the world,

Affirming that the most serious crimes of concern to the international community as a whole must not go unpunished and that their effective prosecution must be ensured by taking measures at the national level and by enhancing international cooperation,

Determined to put an end to impunity for the perpetrators of these crimes and thus to contribute to the prevention of such crimes,

Recalling that it is the duty of every State to exercise its criminal jurisdiction over those responsible for international crimes,

Reaffirming the Purposes and Principles of the Charter of the United Nations, and in particular that all States shall refrain from the threat or use of force against the territorial integrity or political independence of any State, or in any other manner inconsistent with the Purposes of the United Nations,

Emphasizing in this connection that nothing in this Statute shall be taken as authorizing any State Party to intervene in an armed conflict or in the internal affairs of any State,

Determined to these ends and for the sake of present and future generations, to establish an independent permanent International Criminal Court in relationship with the United Nations system, with jurisdiction over the most serious crimes of concern to the international community as a whole,

Emphasizing that the International Criminal Court established under this Statute shall be complementary to national criminal jurisdictions,

Resolved to guarantee lasting respect for and the enforcement of international justice,

Have agreed as follows
PART 1. ESTABLISHMENT OF THE COURT
http://www.un.org/law/icc/statute/romefra.htm


As of 1 November 2006, 103 countries are States Parties to the Rome Statute of the International Criminal Court. Out of them 28 are African States, 12 are Asian States, 15 are from Eastern Europe, 22 are from Latin America and the Caribbean, and 26 are from Western Europe and other States.



Office of the Prosecutor

Mandate
The mandate of the Office is to conduct investigations and prosecutions of crimes that fall within the jurisdiction of the Court, that is, the crime of genocide, crimes against humanity and war crimes. At a later stage, once the States Parties have agreed to a definition of the crime of aggression, the Office will be empowered to investigate and prosecute this crime.




http://www.thehague.nl/default.asp?id=DG-JUSTICE

ICC Issues Its First Indictment

The International Criminal Court in The Hague issued an indictment against former Congolese warlord Thomas Lubanga Dyilo on 29 August 2006 for allegedly forcing children to fight in that country's civil war.

The International Criminal Court is the only permanent international court which can try individuals for war crimes. It was created in 1998, and its jurisdiction includes events which have occurred after 1 July 2002. By contrast, the International Court of Justice was established in 1946 and tries cases between states.


http://www.alternet.org/story/13055/
Bush 'Unsigns' War Crimes Treaty

The Bush administration Monday formally renounced its obligations as a signatory to the 1998 Rome Statute to establish an International Criminal Court (ICC). Critics say the decision to "unsign" the treaty will further damage the United States' reputation and isolate it from its allies.


The 11 items in the Preamble of the Rome Statute are Noble aspirations of cooperation and justice on a world wide level.
If we are who we say we are, these aspirations are the fabric of our nation.


The Court does not have universal jurisdiction. The Court may only exercise jurisdiction if:

The accused is a national of a State Party or a State otherwise accepting the jurisdiction of the Court;


The crime took place on the territory of a State Party or a State otherwise accepting the jurisdiction of the Court; or


The United Nations Security Council has referred the situation to the Prosecutor, irrespective of the nationality of the accused or the location of the crime.]