The Procedures Adopted by the International Criminal Court According to Rome Basic Texts of 1998

Discussion Committee: 
Dr. Basel Mansour
Sana'a Oded Eed
This study aimed at analyzing the basic texts of 1998 Rome Statute of the International Criminal Court especially those related to the private aspect of investigation and trial proceedings before the court, the process of sentencing and the problems of their implementations. The international Criminal Court emerged after a long period of time following an unanimously effort that took decades; it has faced a lot of obstacles as manifested in the Rome System which entered into force in 2002 when Jordan joined it and made it possible for the basic rules to be in effect. The idea behind establishing this court was to make it a legal mechanism of deterring and violations against human rights during international or local conflicts and the crimes worldwide. It was also a supportive, historic global endeavor to previous ones, especially those trials which were held in the aftermath of World War One, which aimed at reducing the crimes. The basic texts of Rome Statute of the International Criminal Court included the pillars of how the court functions, the laws adopted, the rules of accepting members, the formation of the court itself and its departments, and the various authorities and areas of specialization of the court. Moreover, it clarified the various procedures related to the role of the court whether in investigations or in issuing sentences and implementing them. The main text, however, did not neglect the suspects rights, the trials or the implementations of decisions. The main text included a list of rules of approval and other procedures. Actually, the list did not provide major additions to the main texts, but rather some explanations only. The presence of the international court paved the way in front of trialing criminals and pursuing them for committing crimes with cold blood. the main text included some drawbacks due to conflicting strategies concerning the formulation of the basic rules. This often resulted in hindering the court from playing major roles and depriving the court from mechanisms of carrying out its decisions and sentences. Despite these drawbacks, the idea of pursuing criminals and forbidding them from escape was the main cause behind establishing the court. Consequently, it represents, nowadays, the resort for all victims, especially the Palestinians, who suffer from oppression. Although Israel has practiced various forms of oppression against the Palestinians, it never committed itself to legal rules or humanitarian ethics. Its army has been performing war crimes and countless violations to the international law. The senior officials of the Israeli army have remained safe from being tried before the court due to support by members of UN Security Council. The Palestinian dream of seeing the Israeli criminals tried before the court seems to be beyond coming true as a result of the negative impact of those members to abort the mechanisms of the court.
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