ABSTRACT
Consider the implication of this option, that is, treating the Rome Statute as though it is a universal criminal code. This assumption is wrong, as it misinterprets the nature of the treaty and annuls the vast majority of the field of ICL, particularly its foundations which give it cogency and purpose. As is well known, state obligations regarding accountability for core crimes derive not only from the Rome Statute but also from multiple human rights and humanitarian law treaties, as well as from customary law. This use of the Rome Statute annuls much of the richness of ICL. Additionally, it has serious implications for due process, particularly when applied to crimes committed prior to the Rome Statute’s entry into force, as we will see in the following section.
