Happy Birthday, ICC!

Happy Birthday, ICC!

Today is the fifth anniversary of the Rome Statute’s entry into force. UN Secretary General Ban Ki-moon issued the following statement:

1 July 2007 marks the fifth anniversary of the entry into force of the Rome Statute of the International Criminal Court. The creation of the Court represents one of the major achievements in international law during the past century. Since the entry into force of the Rome Statute, the Court has completed an important transition from the set-up phase to the commencement of its judicial functions.

During the relatively short time of its existence, the Court has already established itself as the centerpiece of a system of international criminal justice. It is both the embodiment of, and the driving force behind, a profound evolution of international culture and law. The establishment of the ICC constitutes a unique opportunity to hold accountable those responsible for the most serious crimes of concern to the international community as a whole, namely genocide, crimes against humanity and war crimes, and to bring an end to impunity. Already the activities of the Court and its Prosecutor have a deterring effect on potential perpetrators of international crimes.

Today, the Rome Statute of the International Criminal Court has 104 States Parties continuously making progress towards the Court’s eventual goal of universal jurisdiction. On the occasion of the Court’s fifth anniversary, I wish to join the General Assembly in calling on States from all regions of the world that are not yet parties to the Rome Statute to consider becoming a party to it.

Many people — including at least one member of this blog — question whether the existence of the ICC deters international crime. Regardless, the fact that more than 100 sovereign States have been willing to wager a small part of their sovereignty on the possibility that it does is itself a remarkable accomplishment, one deserving of praise.

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Patrick S. O'Donnell
Patrick S. O'Donnell

Indeed. And at the risk of being irksome, I would like to reiterate the point I made below to Julian’s post, “An African Backlash Against International Criminal Justice?”, namely–and after Tocqueville and with Jon Elster–that we think carefully about the methodological principles we use to assess an international institution as young as the ICC….