The new International Criminal Court: A preliminary assessment

Abstract

After years of relentless effort and five weeks of intense and difficult negotiations, the Statute of the International Criminal Court (ICC) was adopted and opened for signature in Rome on 17 July 1998. This historic event represents a major step forward in the battle against impunity and towards better respect for international humanitarian law. For too long it has been possible to commit atrocities with total impunity, a situation which has given perpetrators carte blanche to continue such practices. The system of repression established by international law clearly has its shortcomings, and the time has come to adopt new rules and set up new institutions to ensure the effective prosecution of international crimes. A criminal court, whether at the national or international level, does not put a stop to crime, but it may serve as a deterrent and, consequently, may help reduce the number of victims. The results achieved in Rome should thus be welcomed, in the hope that the new Court will be able to discharge its mandate to the full.

The international campaign to prohibit child soldiers: a critical evaluation

“…Advocates have suggested that the legal age for recruitment should be set at 18 years of age and 21 years for active combat. 51 As of 1 November 2006, there were 122 signatories and 122 parties to the Protocol including three of the five permanent members of the Security Council: France; the UK; and the US. 52 However, the Russian Federation and the Peoples Republic of China remain non-parties.…”

“…Advocates have suggested that the legal age for recruitment should be set at 18 years of age and 21 years for active combat. 57 As of 1 June 2008, 108 countries are states parties to the Rome Statute of the International Criminal Court. However, the United States, the Russian Federation and the Peoples Republic of China remain non-parties.…”

“…Advocates have suggested the Optional Protocol and the Rome Statute be amended to set the legal age for recruitment at 18 years of age and 21 years for active combat. 15 Another major failing is the lack of international support for the instruments. While three of the permanent members of the Security Council, France, the UK and the US are parties to the Optional Protocol, the Russian Federation and the Peoples Republic of China remain non-parties.…”

Non-Disclosure Of Evidence Before International Criminal Tribunals: Recent Developments Regarding the International Committee of the Red Cross

“…The ICRC welcomed the text of the ICC Statute as a major step forward in the battle against impunity. 27 Representatives of the ICRC took an active part in the negotiations which led to adoption of the Statute and subsequently of the Elements of Crime on issues directly relating to the ICRC's mandate as the promoter and guardian of international humanitarian law. 28 Nevertheless, at a time when the positive outcome of the ICTY case was not yet known, there was much discussion within the ICRC on how best to protect the confidentiality of its information in situations involving the ICC.…”

Medicine and international humanitarian law

“…These rules and standards have been and will continue to be modified, as we learn more about our capacities and acquire more complex technology, as we try to improve our systems for assigning and imposing accountability, and as we struggle to close the considerable gaps in consensus regarding many of the principles 19 20. Still, as we scan our recent past and near future, it is becoming increasingly clear that this framework is crucial in allowing us to understand, criticise, and moderate our actions in war and peace.…”