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Since 1948, the
United Nations, has recognized the need for an international
criminal court in the interest of securing universal human rights. An
initial outline of the court was prepared in 1951, but its
establishment was delayed in order to develop a consensus on the role
of the court and its jurisdiction. In 1994, the
International Law Commission
prepared a draft statute for submission to the
United Nations General Assembly.
The International Criminal Court
is designed to provide enforcement, individual accountability and
prosecution for crimes against humanity such as genocide. In addition,
the International Criminal Court is a mechanism that is not limited to
the jurisdiction of ad hoc tribunals such as the
International Criminal Tribunal for
the Former Yugoslavia and the
International Criminal Tribunal for Rwanda . Furthermore, this
court may take over where states are not willing to act, in order to
prevent further impunity of government officials.
The United States signed the
Rome Statute on December 31, 2000 yet to date has not ratified the
document, and is therefore not a party to it. Although the United
States government recognizes the rights under international law, the
government has several problems with the enactment of the
International Criminal Court. As explained by Marc Grossman, the U.S.
Under Secretary for Political Affairs in May of 2002, in his remarks
to the Center for Strategic and International Studies, the United
States believes that states, not international institutions, are
primarily responsible for ensuring justice within the international
system. Second, the United States contends that the International
Criminal Court undermines the role of the
United Nations Security
Council in the maintenance of international peace and security.
Third, the government recognizes the importance of checks and
balances, but believes that the Rome Statute provides the Court with
overly broad jurisdiction. Moreover, the United States acknowledges
the importance of international criminal enforcement, but contends
that an extension of international criminal jurisdiction over states
without their express consent is an erosion of national sovereignty,
and that human freedom may be protected through the strengthening of
domestic judicial frameworks. Overall, the U.S. position on the
International Criminal Court may undermine the potential effectiveness
of the body as a whole.
There are currently
139 signatories and 89 parties of the Rome Statute. The treaty
went into effect on the 1st of July 2002 in accordance with Article 26
of the United Nations
Charter . |
