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U.S. Notification of Intent Not to Become a Party to the Rome Statute

Published online by Cambridge University Press:  10 March 2017

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Type
Contemporary Practice of the United States Relating to International Law
Information
American Journal of International Law , Volume 96 , Issue 3 , July 2002 , pp. 724
Copyright
Copyright © American Society of International Law 2002

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References

1 For the text of the treaty, see UN Doc. A/CONF. 183/9 (July 17, 1998), reprinted in 37 ILM 999 (1998), available at <http://www.un.org/icc>. The ICC will sit permanently in The Hague; will adjudicate cases of war crimes, genocide, crimes against humanity, and the crime of aggression; and—unlike international tribunals on the former Yugoslavia and Rwanda—will cover all areas of the world. For background on the creation of the ICC, see Leila Nadya Sadat, The International Criminal Court and the Transformation of International Law (2002).

2 Statement on the Rome Treaty on the International Criminal Court, 37 Weekly Comp. Pres. Doc. 4 (Dec. 31, 2000). For background on the U.S. concerns, see Sean, D. Murphy, Contemporary Practice of the United States, 93 AJIL 186 (1999)Google Scholar; id., 95 AJIL 397 (2001).

3 Letter from John R. Bolton, Under Secretary of State for Arms Control and International Security, to UN Secretary- General Kofi Annan (May 6, 2002), at <http://www.state.gov/r/pa/prs/ps/2002/9968.htm>. There was no formal response from the United Nations to the U.S. letter, although the Secretary-General, in his capacity as depositary for the Rome Statute, circulated to all signatories a notification indicating receipt of the letter. The UN Web page showing “ratification status” of the Rome Statute recorded the U.S. statement in a footnote to the U.S. signature date. See <http://www.un.org/law/icc/index.html>.

4 U.S. Under Secretary of State for Political Affairs Marc Grossman, American Foreign Policy and the International Criminal Court, Remarks to the Center for Strategic and International Studies (May 6, 2002), at <http://www.state.gov/p/9949pf.htm>.

5 See, e.g., Neil, A. Lewis, U.S. Rejects All Support for New Court on Atrocities, N.Y. Times, May 7, 2002, at A9 Google Scholar.

6 Departments of Commerce, Justice, and State, the Judiciary, and Related Agencies Appropriations Act, 2002, Pub. L. No. 107-77, §630, 115 Stat. 748, 805 (2001). A similar provision appeared in the fiscal year 2002 defense appropriations legislation.