ABSTRACT

This chapter reviews the development of the Statute for an International Criminal Court (ICC). It briefly examines the reasons behind the creation of the Court and the previous historical attempts to advance such an international legal institution. The ad hoc International Criminal Tribunals for the former Yugoslavia and Rwanda are dealt with as precedents, encouraging the international community to acknowledge that international prosecutions are possible. It examines the issues raised at the 1998 Rome Diplomatic Conference, including the significant but at times fragmented role played by the European Union (EU). The chapter also surveys the Statute of the International Criminal Court, highlighting the most important judicial elements of the treaty and some implications for the EU. The Rome Statute is divided into 13 parts consisting of 128 Articles fronted by a preamble. Two major principles underlying the creation of the ICC are mentioned in the preamble as well as being articulated in specific Articles.