The Jurisdiction of the International Criminal Court: Controversies over the Preconditions for Exercising its Jurisdiction

Abstract

On the evening of Friday 17 July 1998, the United Nations Diplomatic Conference of plenipotentiaries voted to adopt the Statute of an International Criminal Court which will have jurisdiction over persons who have committed the most serious crimes of international concern. The Secretary-General of the United Nations characterised this historical event as ‘a gift of hope to future generations, and a giant step forward in the march towards universal human rights and the rule of law.’ This marathon Conference achieved what several generations of lawyers and diplomats have tried to create: the foundations of a workable permanent International Criminal Court which satisfies the criteria of independence and aims at effectiveness and universality. According to the Preamble of the Statute, the international community affirms that it is determined:‘That the most serious crimes of concern to the international community as a whole must not go unpunished and that their effective prosecution must be ensured by taking measures at the national level and by enhancing international co-operation, to put an end to impunity for the perpetrators of these crimes and thus to contribute to the prevention of such crimes, to these ends and for the sake of present and future generations, to establish an independent permanent International Criminal Court…’

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