International Criminal Court: Overview and Selected Legal Issues (CRS Report for Congress)
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| Release Date |
June 5, 2002 |
| Report Number |
RL31437 |
| Report Type |
Report |
| Authors |
Jennifer Elsea, American Law Division |
| Source Agency |
Congressional Research Service |
Summary:
On April 11, 2002, the Rome Statute of the International Criminal Court received its sixtieth
ratification, meaning it will come into effect July 1, 2002, establishing the first global permanent
international court with jurisdiction to prosecute individuals for "the most serious crimes of concern
to the international community." The United Nations, many human rights organizations, and most
democratic nations have expressed support for the new court. The Bush Administration firmly
opposes it and has formally renounced the U.S. obligations under the treaty. At the same time,
however, the Administration has stressed that the United States shares the goal of the ICC's
supporters -- promotion of the rule of law -- and does not intend to take any action to undermine the
ICC.
The primary objection given by the United States in opposition to the treaty is the ICC's
possible assertion of jurisdiction over U.S. soldiers charged with "war crimes" resulting from
legitimate uses of force. The main issue faced by the current Congress is whether to adopt a policy
aimed at preventing the ICC from becoming effective or whether to continue contributing to the
development of the ICC in order to improve it.
This report provides an historical background of the negotiations for the Rome Statute, outlines
the structure of the ICC as contained in the final Statute, and describes the jurisdiction of the ICC.
The report identifies the specific crimes enumerated in the Rome Statute as supplemented by the
draft elements of crime. A discussion of procedural safeguards follows, including reference to the
draft procedural rules. The report then discusses the implications for the United States as a
non-ratifying country when the ICC comes into being, and outlines some legislation enacted and
proposed to regulate U.S. relations with the ICC, including versions of the American
Servicemembers' Protection Act (ASPA) contained in H.R. 1646 and H.R. 4775 , the American Servicemember and Citizen Protection Act, H.R. 4169 , and the
American Citizens' Protection and War Criminal Prosecution Act of 2001, S. 1296 / H.R. 2699 .
