- September 20, 2012
- Posted by: essay
- Category: Free essays
The ratification of the Rome Statute was an important event, a turning point, in the history of the international justice. In actuality, the Rome Statute laid the foundation to the contemporary international justice system and contributed consistently to the unification of international justice. In actuality, the Rome Statute provides national justice systems with a model which they need to follow to meet the high international justice standards. If a national justice system fails to meet these standards, it is likely that the quality of the national justice system does not meet international standards. The latter implies that human rights and liberties are likely to be violated in this country, while its justice system cannot ensure the supremacy of law and equality of all citizens in face of law. By 2005, the Rome Statute has been ratified by 105 countries. In this respect, the role of CICC can hardly be underestimated because it is due to CICC the ratification of the Rome Statute in many countries of the world was successful. In such a way, CICC performed the role of the main mediator in the process of ratification of the Rome Statute by many countries of the world.
Initially, the Rome Statute was adopted in 1998 and it entered into force in 2002, when the statute was ratified by 60 countries. In fact, it was considerable step forward into the development of international criminal justice system because the Rome Statute consolidated existing national criminal justice systems and developed international standards of criminal justice which were accepted as common standards which should be observed and met by all member-countries, which ratified the Rome Statute. Basically, the Rome Statute established the court’s functions, jurisdiction and structure. However, the effects of the ratification of the Rome Statute were consistently more important since the support of the Rome Statute the majority of countries worldwide could contribute to the cooperation in such important areas as providing evidence, surrendering included individuals, and holding national trials (Broomhall, 2003).
At the same time, it is necessary to underline that the Rome Statute entered into force only due to the ratification of this statute by such a large number of countries. Otherwise, if the Rome Statute was not supported by many countries, it would be useless because the statute aimed at the development of an effective international criminal justice system, which could function effectively and facilitate cooperation between national criminal justice systems. This is actually why CICC’s contribution to the ratification and implementation of the Rome Statute was so significant. In fact, it is due to CICC the Rome Statute was ratified by such a large number of countries.
At this point, it is worth mentioning the fact that CICC works constantly on the ratification and implementation of the Rome Statute by new countries. In terms of this work, CICC provides accurate and updated information about the international justice and about the International Criminal Court. Obviously, this information is very important to those countries which have not ratified the Rome Statute yet, because the lack of information on the Rome Statute can evoke unreasonable and unmotivated opposition to its ratification (Broomhall, 2003). The justice system does not admit the possibility of taking decisions if there are significant information gaps. Therefore, without the information provided by CICC, national justice systems and legislators could not adequately assess the significance of ratification of the Rome Statute and its effects on the national justice system as well as on the democratic development of countries at large. In such a way, it is possible to estimate that CICC performed a role of a promoter of the Rome Statute worldwide, but, what is more important, CICC never stops providing information on the International Criminal Court and the Rome Statute.
Furthermore, CICC assists countries in addressing any possible consultations and legislative obstacles to ratification. In fact, such assistance from the part of CICC is very important because many countries have poorly developed legislative power and justice system.
Hence, they can have serious problems, which are often technical problems, because they cannot adapt the norms of the Rome Statute to the national legislation and need the assistance of CICC’s specialists. In such a way, they can get very useful experience which help to enhance the national legislation and justice system.
Finally, CICC actively engages in efforts to stimulate and generate the necessary political will for countries to become state parties to the International Criminal Court (Broomhall, 2003). In such a way, CICC encourages the ratification of the Rome Statute on the political level since often obstacles to ratification are caused by political factors. Therefore, the formation of a political will facilitates the ratification of the Rome Statute.
Thus, in conclusion, it should be said that CICC plays a very important role in the ratification and implementation of the Rome Statute. CICC is the main mediator and promoter of the ratification of the Rome Statute.