ABSTRACT

The Statute is a long and complex instrument, that reflects a number of carefully crafted compromises. The ongoing "race" to publish Articles and commentaries on the new Court has already resulted in several important studies. It will be impossible to avoid generalities, or to mention issues that have not been examined. Apart from aggression, the inclusion of crimes such as terrorism and drug-trafficking will also depend on future decisions by a review conference. Defining crimes against humanity, on the other hand, proved more difficult than had been anticipated. The problems in defining "war crimes" were even more substantial. The draft to be discussed in Rome was extremely long, due to the great number of options on many fundamental aspects. Despite grave political constraints, the Rome Conference has produced a Court that can respond to the demand for justice, and the refusal of impunity, for the most serious crimes of international concern.