What Does the Rome Statute Do?

By Anna Duncan

What Does the Rome Statute Do?

The Rome Statute is an international treaty that established the International Criminal Court (ICC). The ICC is a permanent tribunal that has jurisdiction over serious crimes such as genocide, war crimes, crimes against humanity, and the crime of aggression. It was adopted on July 17, 1998, and came into force on July 1, 2002.

The Purpose of the Rome Statute

The main purpose of the Rome Statute is to put an end to impunity for individuals who commit these grave crimes. It aims to ensure that those responsible for such atrocities are held accountable and brought to justice.

The Rome Statute provides a legal framework for prosecuting individuals who are accused of committing these crimes. It establishes the ICC as an independent and impartial judicial institution with the authority to investigate and prosecute such cases.

Key Elements of the Rome Statute

Jurisdiction:

The Rome Statute grants jurisdiction to the ICC over four main types of crimes:

  • Genocide: Acts committed with intent to destroy a national, ethnic, racial or religious group.
  • War Crimes: Serious violations of international humanitarian law during armed conflicts.
  • Crimes Against Humanity: Widespread or systematic acts committed against civilians.
  • Crime of Aggression: The planning, preparation, initiation or execution of an act of aggression by a state against another state.

Complementarity:

The principle of complementarity is a fundamental aspect of the Rome Statute. It means that the ICC’s jurisdiction is complementary to national criminal jurisdictions. The ICC steps in only when national courts are unable or unwilling to prosecute these crimes.

Investigation and Prosecution:

The Rome Statute outlines the procedures for initiating investigations, collecting evidence, conducting trials, and ensuring fair trials for the accused. It sets out the rights of victims to participate in the proceedings and seek reparations.

Impact of the Rome Statute

The Rome Statute has had a significant impact on international justice. It has been a crucial tool in holding individuals accountable for their actions and preventing impunity.

The establishment of the ICC has provided a forum for victims to seek justice and redress. It has contributed to raising awareness about these crimes and their consequences, thereby deterring potential perpetrators.

Conclusion

In conclusion, the Rome Statute plays a vital role in the fight against impunity for serious international crimes. By establishing the International Criminal Court, it ensures that those responsible for genocide, war crimes, crimes against humanity, and aggression can be held accountable. The Rome Statute’s jurisdiction, complementarity principle, and procedures for investigation and prosecution have made it an essential instrument in promoting international justice.