The New International Criminal Court: An Uneasy Revolution

Abstract

The International Criminal Court is the last great international institution of the Twentieth Century. It is no exaggeration to suggest that its creation has the potential to reshape our thinking about international law. The establishment of the Court raises hopes that the lines between international law and world order are blurring and that the normative structure being created by international law might influence or even restrain the Hobbesian order established by the politics of States. The Assembly of States Parties perfectly illustrates the tension in the Statute between State sovereignty and the emerging international order. The Statute provides for jurisdiction ratione personae over natural persons only. The Rome Statute embodies prescriptive norms for the international community as a matter of substantive criminal law. Seemingly as the quid pro quo for obtaining a Prosecutor with independent powers of action and for vigorously pruning the State consent regime, the Rome Statute contains an extremely complex procedure for challenging jurisdiction and admissibility.

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