Implementing the Rome statute of the international criminal court domestically: a comparative analysis of strategies in Africa

Abstract

On 17 July 1998, a total of 120 states voted to adopt the Rome Statute of the International Criminal Court (Rome Statute) 1 in a UN sponsored conference in Rome. The International Criminal Court (ICC or 'the Court') has jurisdiction to try people accused of such international crimes as genocide, crimes against humanity, war crimes and aggression.2 The Court has power to provide redress to victims and survivors of these crimes and some argue that the mere presence of the ICC has a deterrent effect on future dictators and their collaborators. 3 Also the Court has potential to advance the rule of law internationally, for example, by obliging States Parties to investigate and prosecute those indicted, thus strengthening the ability of national jurisdictions to bring to justice perpetrators of these heinous crimes. With the entry into force of the Rome Statue in July 20025 and the election of judges and Prosecutor7 of the Court in 2003, there is need for States Parties to the Rome Statute to enact laws to incorporate the crimes defined in the treaty. Currently, 92 States are Parties to the treaty. 8 The success of the ICC will depend not only on widespread ratification of the Rome Statute but also on States Parties' compliance with obligations under the treaty. For almost every state this will require some change in national law in accordance with existing laws and proceedings in a given legal system.