Scottish Human Rights Law Group

On 1 October the Rome Statute entered into force in the Czech Republic.  The signature of the Czech Republic marked not only the 110^th State Party to submit to jurisdiction of the International Criminal Court (ICC), but also signified the final step toward achieving full membership of all European Union States.  This final EU member ratification represented a concerted effort on behalf of the EU, which began with San Marino in May 1999, and was hailed as a “milestone towards the ultimate goal of global ratification”[1] by the ICC President, Judge Sang-Hyun Song.  The United Kingdom ratified the Rome Statute on 4 October 2001.

The Rome Statute establishing the ICC was adopted in July 1998 by 120 signatory States and the first ratification was deposited by Burkina Faso on 30 November 1998.  The ICC is an independent, non-United Nations organisation[2] and is the first permanent, treaty-based court where only the most serious crimes of genocide, crimes against humanity and war crimes may be tried.  In order to prosecute under the Rome Statute, the accused individual must be a national of a State Party or of a State which has otherwise accepted the ICC’s jurisdiction and the crime must have taken place in the territory of a State Party or a State otherwise accepting ICC jurisdiction.  The UN Security Council may also refer situations to the prosecutor.

The Czech Republic’s instrument of ratification was deposited on 21 July 2009 and confirmed the united voice of the European Union that it will not be a safe-haven for the perpetrators of these crimes.

Author:  Kasey Lowe

[1] ICC Weekly Update, 5 October 2009 #4, p 3.  http://www.icc-cpi.int/NR/rdonlyres/6654FF28-B3FC-4701-929B-8B3DDBE63FB1/280916/ICC_WU_ED4_ENG.pdf

[2] Though not an organ of the United Nations, there does exist an agreement between the two. See the Negotiated Relationship Agreement between the International Criminal Court and the United Nations.