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{{Short description|1998 international treaty establishing the International Criminal Court
{{Use dmy dates|date=November 2022}}
{{Infobox treaty
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|date_expiration =
|signatories = 137<ref name="UN treaty database"/>
|parties = [[States parties to the Rome Statute of the International Criminal Court|
|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/
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 name="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. An 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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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=
===Establishment===
During 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]] from 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 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=
By agreement, there was no official record 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>
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