The United States and the International Criminal Court: Concerns and Possible Courses of Action

February 8, 2002

Lee A. Casey, Eric J. Kadel Jr., David B. Rivkin, Jr., Edwin D. Williamson

On July 17, 1998, the United Nations Diplomatic Conference of Plenipotentiaries on the Establishment of an International Criminal Court adopted the Rome Statute of the International Criminal Court (ICC). Pursuant to its Article 126, the Rome Statute will enter into force on the first day of the month after the 60th day following the date that the 60th instrument of State Party ratification has been delivered to the United Nations. As of February 7, 2002, 52 States have ratified the Statute, which will establish at The Hague in the Netherlands a permanent international criminal court with subject matter jurisdiction over crimes of genocide, crimes against humanity and war crimes (in each case, committed after the date that the Statute takes effect).

The United States and the International Criminal Court: Concerns and Possible Courses of Action