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{{Short description|1998 international treaty establishing the International Criminal Court (ICC)}}
{{Use dmy dates|date=November 2022}}
{{Infobox treaty
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|condition_effective = 60 ratifications<ref name=article126>Article 126 of the [http://legal.un.org/icc/statute/99_corr/cstatute.htm Rome Statute] {{Webarchive|url=https://web.archive.org/web/20131019222421/http://legal.un.org/icc/statute/99_corr/cstatute.htm |date=19 October 2013 }}. Retrieved on 18 October 2013.</ref>
|date_expiration =
|signatories = 139137<ref name="UN treaty database"/>
|parties = [[States parties to the Rome Statute of the International Criminal Court|123124]]<ref name="UN treaty database"/>
|depositor = [[Secretary-General of the United Nations|UN Secretary-General]]<ref name=article125/>
|language =
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}}
[[File:International Criminal Court Headquarters, Netherlands.jpg|thumb|right|230px|Headquarters of the International Criminal Court in The Hague]]
The '''Rome Statute of the International Criminal Court''' is the [[treaty]] that established the [[International Criminal Court]] (ICC).<ref>{{Cite web |url=https://www.icc-cpi.int/nrsites/rdonlyresdefault/ea9aeff7files/RS-5752-4f84-be94-0a655eb30e16/0/rome_statute_englishEng.pdf |title=The Rome Statute |access-date=202023-11-27 March|publisher=International 2016Criminal Court|archive-url=https://web.archive.org/web/2018031809072120230409194405/https://www.icc-cpi.int/nrsites/rdonlyresdefault/ea9aeff7files/RS-5752-4f84-be94-0a655eb30e16/0/rome_statute_englishEng.pdf |archive-date=18 March 2018 2023-04-09|url-status=live }}</ref> It was adopted at a diplomatic conference in [[Rome]], [[Italy]] on 17 July 1998<ref name=scharf>Michael P. Scharf (August 1998). [http://www.asil.org/insights/insigh23.htm ''Results of the Rome Conference for an International Criminal Court''] {{Webarchive|url=https://web.archive.org/web/20120515183257/http://www.asil.org/insights/insigh23.htm |date=15 May 2012 }}. The American Society of International Law. Retrieved on 31 January 2008.</ref><ref>Each year, to commemorate the adoption of the Rome Statute, human rights activists around the world celebrate 17 July as [[World Day for International Justice]]. See Amnesty International USA (2005). ''[http://www.amnestyusa.org/International_Justice/International_Justice_Day/page.do?id=1104666&n1=3&n2=35 International Justice Day 2005] {{webarchive|url=https://web.archive.org/web/20080502123130/http://www.amnestyusa.org/International_Justice/International_Justice_Day/page.do?id=1104666&n1=3&n2=35 |date=2 May 2008 }}''. Retrieved on 31 January 2008.</ref> and it entered into force on 1 July 2002.<ref name="UN treaty database"/> As of NovemberFebruary 20192024, [[States Parties to the Rome Statute of the International Criminal Court|123124 states]] are party to the statute.<ref>{{Cite web |title=United Nations Treaty Collection |url=https://treaties.un.org/Pages/ViewDetails.aspx?src=TREATY&mtdsg_no=XVIII-10&chapter=18&clang=_en |access-date=2022-07-09 |website=treaties.un.org |language=EN}}</ref> Among other things, it establishes court function, [[International Criminal Court#Jurisdiction and admissibility|jurisdiction]] and [[International Criminal Court#Structure|structure]].
 
The Rome Statute established four core international crimes: [[genocide]], [[crimes against humanity]], [[war crime]]s, and the [[crime of aggression]]. Those crimes "shall not be subject to any [[statute of limitations]]".<ref>Article 29, Non-applicability of statute of limitations</ref> Under the Rome Statute, the ICC can only investigate and prosecute the four core international crimes in situations where states are "unable" or "unwilling" to do so themselves;.<ref thename="reuters-icc">{{Cite web|title=International Criminal Court prosecutor calls for end to violence in Gaza|location=Amsterdam|work=Reuters|date=2018-04-08|access-date=27 November 2023|url=https://www.reuters.com/article/us-icct-palistinians-israel/international-criminal-court-prosecutor-calls-for-end-to-violence-in-gaza-idUSKBN1HF0PG/}}</ref> The jurisdiction of the court is complementary to jurisdictions of domestic courts. The court has jurisdiction over crimes only if they are committed in the territory of a state party or if they are committed by a national of a state party;. anAn exception to this rule is that the ICC may also have jurisdiction over crimes if its jurisdiction is authorized by the [[United Nations Security Council]].
 
==Purpose==
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After [[World War I]] and even more after the heinous crimes committed during [[World War II]], it became a priority to prosecute individuals responsible for egregious crimes so serious that they needed to be exemplified by being referred to as "crimes against humanity".
 
In order to re-affirm basic principles of democratic civilisation, the alleged criminals were not executed in public squares or sent to torture camps, but instead treated as criminals: with a regular trial, the right to [[Defensedefense (legal)|defense]] and the [[presumption of innocence]]. The [[Nuremberg trials]] marked a crucial moment in [[legal history]], and after that, some treaties that led to the drafting of the Rome Statute were signed.
 
UN General Assembly Resolution n. 260 9 December 1948, the [[Convention on the Prevention and Punishment of the Crime of Genocide]], was the first step toward the establishment of an international permanent criminal tribunal with jurisdiction on crimes yet to be defined in international treaties. In the resolution there was a hope for an effort from the Legal U.N. commission in that direction.
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The U.N. General Assembly, after the considerations expressed from the commission, established a committee to draft a statute and study the related legal issues. In 1951 a first draft was presented; a second draft followed in 1955 but there were a number of delays, officially due to the difficulties in the definition of the [[crime of aggression]], that were only solved with diplomatic assemblies in the years following the statute's coming into force. The geopolitical tensions of the [[Cold War]] also contributed to the delays.
 
In December 1989, [[Trinidad and Tobago]] asked the General Assembly to re-open the talks for the establishment of an international criminal court and in 1994 presented a draft Statutestatute. The General Assembly created an ''ad hoc'' committee for the International Criminal Court and, after hearing the conclusions, a Preparatory Committee that worked on the draft for two years (1996–1998)from on1996 theto draft1998.
 
Meanwhile, the United Nations created the ''ad hoc'' tribunals for the former Yugoslavia ([[International Criminal Tribunal for the former Yugoslavia|ICTY]]) and for Rwanda ([[International Criminal Tribunal for Rwanda|ICTR]]) using statutes—and amendments due to issues raised during pre-trial or trial stages of the proceedings—that are quite similar to the Rome Statute.
 
The UN’s [[International Law Commission]] (ILC) considered the inclusion of the crime of [[ecocide]] to be included within the Draft Code of Crimes Against the Peace and Security of Mankind, the document which later became the Rome Statute. Article 26 (crime against the environment) was publicly supported by 19 countries in the Legal Committee but was removed due to opposition from the [[Netherlands]], the [[United Kingdom]] and the [[United States|United States of America]].<ref>{{Cite journal |last=((UN. General Assembly (41st sess.))) |date=1987-01-20 |title=Draft Code of Offences against the Peace and Security of Mankind :: resolution /: adopted by the General Assembly. |url=https://digitallibrary.un.org/record/124973 |language=en |website=United Nations Digital Library System |url-status=live |archive-url=https://web.archive.org/web/20231219205451/https://digitallibrary.un.org/nanna/record/124973/files/A_RES_41_75-EN.pdf?withWatermark=0&withMetadata=0&version=1&registerDownload=1 |archive-date= Dec 19, 2023 }}</ref><ref>{{Cite magazine |date=2021-02-19 |title=Lawyers Are Working to Put 'Ecocide' on Par with War Crimes. Could an International Law Hold Major Polluters to Account? |url=https://time.com/5940759/ecocide-law-environment-destruction-icc/ |first1=Mélissa |last1=Godin |access-date=2023-07-05 |magazine=Time |language=en}}</ref><ref>{{Cite web |title=The Ecocide Project - Ecocide is the missing 5th Crime Against Peace |url=https://sas-space.sas.ac.uk/4830/1/Ecocide_research_report_19_July_13.pdf |website=School of Advanced Study, University of London |first1=Anja |last1=Gauger |first2=Mai |last2=Pouye Rabatel-Fernel |first3=Louise |last3=Kulbicki |first4=Damien |last4=Short |first5=Polly |last5=Higgins |date=2012 |publisher=Human Rights Consortium |url-status=live |archive-url= https://web.archive.org/web/20231202211859/https://sas-space.sas.ac.uk/4830/1/Ecocide_research_report_19_July_13.pdf |archive-date= Dec 2, 2023 }}</ref>
 
===Establishment===
ThisDuring its 52nd session, the UN General Assembly decided to convene a diplomatic conference "to finalize and adopt a convention on the establishment of an international criminal court".<ref name="un.org"/><ref name=rome-conf/> The conference was convened in [[Rome]] Conferencefrom 15 June to 17 July 1998. It was attended by representatives from 161 member states, along with observers from various other organizations, intergovernmental organizations and agencies, and non-governmental organizations (including many human rights groups) and was held at the headquarters of the Food and Agriculture Organization of the United Nations, located about 4&nbsp;km away from the Vatican (one of the states represented).<ref>{{Cite web |url=http://legal.un.org/icc/statute/finalfra.htm |date=17 July 1998 |website=United Nations - Office of Legal Affairs |title=Final Act of the International Criminal Court |access-date=18 October 2013 |archive-url=https://web.archive.org/web/20131019222526/http://legal.un.org/icc/statute/finalfra.htm |archive-date=19 October 2013 |url-status=live }}</ref><ref>{{Cite web |url=http://legal.un.org/diplomaticconferences/icc-1998/vol/english/vol_II_e.pdf |title=RomeUnited Nations Diplomatic Conference listof Plenipotentiaries on the Establishmentofattendeesan International Criminal Court - Rome, 15 June - 17 July 1998 Official Records - Summary records of the plenary meetings and meetingof the meetings of the Committee of the Whole |series=Volume II |date=2002 |website=United Nations - Office of Legal notesAffairs |access-date=18 October 2013 |archive-url=https://web.archive.org/web/20131019222446/http://legal.un.org/diplomaticconferences/icc-1998/vol/english/vol_II_e.pdf |archive-date=19 October 2013 |url-status=livedead }}</ref> On 17 July 1998, the Rome Statute was adopted by a vote of 120 to 7, with 21 countries abstaining.<ref name="scharf"/>▼
During its 52nd session the UN General Assembly decided to convene a diplomatic conference for the establishment of the International Criminal Court, held in Rome 15 June–17 July 1998 to define the treaty, entered into force on 1 July 2002.
 
▲This Rome Conference was attended by representatives from 161 member states, along with observers from various other organizations, intergovernmental organizations and agencies, and non-governmental organizations (including many human rights groups) and was held at the headquarters of the Food and Agriculture Organization of the United Nations, located about 4&nbsp;km away from the Vatican (one of the states represented).<ref>{{Cite web |url=http://legal.un.org/icc/statute/finalfra.htm |title=Final Act of the International Criminal Court |access-date=18 October 2013 |archive-url=https://web.archive.org/web/20131019222526/http://legal.un.org/icc/statute/finalfra.htm |archive-date=19 October 2013 |url-status=live }}</ref><ref>{{Cite web |url=http://legal.un.org/diplomaticconferences/icc-1998/vol/english/vol_II_e.pdf |title=Rome Conference list of attendees and meeting notes |access-date=18 October 2013 |archive-url=https://web.archive.org/web/20131019222446/http://legal.un.org/diplomaticconferences/icc-1998/vol/english/vol_II_e.pdf |archive-date=19 October 2013 |url-status=live }}</ref>
 
The states parties held a [[Review Conference of the Rome Statute|Review Conference]] in [[Kampala]], Uganda from 31 May to 11 June 2010.<ref name=2007resolution>Assembly of States Parties (14 December 2007). {{cite web |url= http://www.icc-cpi.int/menus/asp/sessions/official%20records/0th%20session/4th%20session/strengthening%20the%20international%20criminal%20court%20and%20the%20assembly%20of%20states%20parties |title= Resolution: Strengthening the International Criminal Court and the Assembly of States Parties |access-date= 31 May 2010 |archive-url= https://web.archive.org/web/20110616081151/http://www.icc-cpi.int/menus/asp/sessions/official%20records/0th%20session/4th%20session/strengthening%20the%20international%20criminal%20court%20and%20the%20assembly%20of%20states%20parties |archive-date= 16 June 2011 |url-status= live }}&nbsp;{{small|(310&nbsp;[[Kibibyte|KiB]])}}. Retrieved on 31 January 2008.</ref> The Review Conference adopted a definition of the crime of aggression, thereby allowing the ICC to exercise jurisdiction over the crime for the first time. It also adopted an expansion of the list of war crimes.<ref>[http://www.icc-cpi.int/iccdocs/asp_docs/ASP9/OR/RC-11-ENG.pdf Official records of the Review Conference] {{webarchive|url=http://archive.wikiwix.com/cache/20110704215910/http://www.icc-cpi.int/iccdocs/asp_docs/ASP9/OR/RC-11-ENG.pdf |date=4 July 2011 }}. Retrieved 3 March 2011.</ref>▼
 
A five-week diplomatic conference was convened in [[Rome]] in June 1998 "to finalize and adopt a convention on the establishment of an international criminal court".<ref name="un.org"/><ref name=rome-conf/> On 17 July 1998, the Rome Statute was adopted by a vote of 120 to 7, with 21 countries abstaining.<ref name="scharf"/>
 
By agreement, there was no officiallyofficial recorded voterecord of each delegation's vote regarding the adoption of the Rome Statute. Therefore, there is some dispute over the identity of the seven countries that voted against the treaty.<ref name = smith>Stephen Eliot Smith, "Definitely Maybe: The Outlook for U.S. Relations with the International Criminal Court During the Obama Administration", ''[[Florida Journal of International Law]]'', '''22''':155 at 160, n. 38.</ref>
 
It is certain that the People's Republic of China, Israel, and the United States were three of the seven because they have publicly confirmed their negative votes;. India, Indonesia, Iraq, Libya, Qatar, Russia, Saudi Arabia, Sudan, and Yemen have been identified by various observers and commentators as possible sources for the other four negative votes, with Iraq, Libya, Qatar, and Yemen being the four most commonly identified.<ref name=smith/>
 
Explanations of Vote was publicly declared by India, Uruguay, Mauritius, Philippines, Norway, Belgium, United States, Brazil, Israel, Sri Lanka, China, Turkey, Singapore, and the United Kingdom.<ref>{{Cite web |url=https://www.un.org/press/en/1998/19980720.l2889.html |title=UN Diplomatic Conference Concludes in Rome with Decision to Establish Permanent International Criminal Court (UN Press Release L/2889) |access-date=29 June 2018 |archive-date=30 June 2018 |archive-url=https://web.archive.org/web/20180630024926/https://www.un.org/press/en/1998/19980720.l2889.html |url-status=bot: unknown }}</ref>
 
On 11 April 2002, ten countries ratified the statute at the same time at a special ceremony held at the United Nations headquarters in New York City,<ref name=ai2002>Amnesty International (11 April 2002). ''[https://www.amnesty.org/en/documents/ior40/008/2002/en/ The International Criminal Court – a historic development in the fight for justice] {{Webarchive|url=https://web.archive.org/web/20181122061016/https://www.amnesty.org/en/documents/ior40/008/2002/en/ |date=22 November 2018 }}''. Retrieved on 31 January 2008.</ref> bringing the total number of signatories to sixty, which was the minimum number required to bring the statute into force, as defined in Article 126.<ref name="article126"/> The treaty entered into force on 1 July 2002;<ref name=ai2002/> the ICC can only prosecute crimes committed on or after that date.<ref name=article11>Article 11 of the [http://legal.un.org/icc/statute/99_corr/cstatute.htm Rome Statute] {{Webarchive|url=https://web.archive.org/web/20131019222421/http://legal.un.org/icc/statute/99_corr/cstatute.htm |date=19 October 2013 }}. Retrieved on 18 October 2013.</ref>
 
▲The states parties held a [[Review Conference of the Rome Statute|Review Conference]] in [[Kampala]], Uganda from 31 May to 11 June 2010.<ref name=2007resolution>Assembly of States Parties (14 December 2007). {{cite web |url= http://www.icc-cpi.int/menus/asp/sessions/official%20records/0th%20session/4th%20session/strengthening%20the%20international%20criminal%20court%20and%20the%20assembly%20of%20states%20parties |title= Resolution: Strengthening the International Criminal Court and the Assembly of States Parties |access-date= 31 May 2010 |archive-url= https://web.archive.org/web/20110616081151/http://www.icc-cpi.int/menus/asp/sessions/official%20records/0th%20session/4th%20session/strengthening%20the%20international%20criminal%20court%20and%20the%20assembly%20of%20states%20parties |archive-date= 16 June 2011 |url-status= live }}&nbsp;{{small|(310&nbsp;[[Kibibyte|KiB]])}}. Retrieved on 31 January 2008.</ref> The Review Conference adopted a definition of the crime of aggression, thereby allowing the ICC to exercise jurisdiction over the crime for the first time. It also adopted an expansion of the list of war crimes.<ref>[http://www.icc-cpi.int/iccdocs/asp_docs/ASP9/OR/RC-11-ENG.pdf Official records of the Review Conference] {{webarchive|url=http://archive.wikiwix.com/cache/20110704215910/http://www.icc-cpi.int/iccdocs/asp_docs/ASP9/OR/RC-11-ENG.pdf |date=4 July 2011 }}. Retrieved 3 March 2011.</ref> [[Amendments to the Rome Statute of the International Criminal Court|Amendments to the statute]] were proposed to implement these changes.
The treaty entered into force on 1 July 2002;<ref name=ai2002/> the ICC can only prosecute crimes committed on or after that date.<ref name=article11>Article 11 of the [http://legal.un.org/icc/statute/99_corr/cstatute.htm Rome Statute] {{Webarchive|url=https://web.archive.org/web/20131019222421/http://legal.un.org/icc/statute/99_corr/cstatute.htm |date=19 October 2013 }}. Retrieved on 18 October 2013.</ref> The statute was modified in 2010 after the [[Review Conference of the Rome Statute|Review Conference]] in [[Kampala]], Uganda, but the [[Amendments to the Rome Statute of the International Criminal Court|amendments to the statute]] that were adopted at that time are not effective yet.
 
==Ratification status==
{{main|States parties to the Rome Statute of the International Criminal Court}}▼
{{ICC member states}}
 
==Jurisdiction, structure and amendment==
{{see also|Review Conference of the Rome Statute|Amendments to the Rome Statute of the International Criminal Court}}
The Rome Statute outlines the ICC's structure and areas of jurisdiction. The ICC can prosecute individuals (but not states or organizations) for four kinds of crimes: genocide, crimes against humanity, war crimes, and the crime of aggression. These crimes are detailed in Articles 6, 7, 8, and 8 ''bis'' of the Rome Statute, respectively. They must have been committed after 1 July 2002, when the Rome Statute came into effect.
 
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==See also==
*[[Review Conference of the Rome Statute]]
{{Main|Outline of Genocide studies}}▼
▲{{main|States parties*[[Amendments to the Rome Statute of the International Criminal Court}}]]
*[[International Criminal Court Act 2001]]
*[[Völkerstrafgesetzbuch]]
*[[World Day for International Justice]]
▲{{Main|*[[Outline of Genocide studies}}]]
 
==Notes and references==
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[[Category:Treaties of Antigua and Barbuda]]
[[Category:Treaties of Argentina]]
[[Category:Treaties of Armenia]]
[[Category:Treaties of Australia]]
[[Category:Treaties of Austria]]

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