Negotiating the International Criminal Court

New York to Rome, 1994-1998

This is the story and analysis of the unforeseen and astonishing success of negotiations by many countries to create a permanent international court to try atrocities. In 1998, 120 countries astounded observers worldwide and themselves by adopting the Rome Statute for an International Criminal Court. From this event began important and unprecedented changes in international relations and law. This book is for those who want to know and understand the reasons and the story behind these historic negotiations or for those who may wonder how apparently conventional United Nations negotiations became so unusual and successful. This book is both for those who seek detailed legislative history, scholars or practitioners in international law and relations and those simply curious about how the Court came about.
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Biographical Note

Fanny Benedetti is a human rights lawyer and gender expert working as an independent consultant with NGOs, IGOs and government, based in Paris, France. She participated in the ICC treaty negotiations on behalf of the NGO Coalition for an International Criminal Court in 1997 and 1998. Karine Bonneau PhD, is a human rights lawyer and victims' rights expert, Director of the International Justice Desk of FIDH. She represented Redress, Amnesty International and the French Coalition for the ICC in the ICC negotiations from 1998 until 2000. John Washburn convenes the American Nongovernmental Organizations Coalition for the International Criminal Court. He was an American diplomat and a United Nations official. He represented nongovernmental organizations in almost all of the negotiations for the Court’s Rome statute.

Table of contents

Preface; Acknowledgements; List of Abbreviations; List of Interviewees; Introduction; Section I. The Story; Section II. Period Covered; Section III. Methods, Processes, and Techniques of the Negotiations CHAPTER ONE: Why a Court, and How Section I. The Internal Politics of the ICC Negotiations; Section II. The Place of Victims and Gender in the Negotiations CHAPTER TWO: Negotiating the International Criminal Court Section I. Historic Background; Section II. The Influence of the United Nations; Section III. Negotiating Styles and Strategies; Section IV. The Meeting Halls; Section V. The Ad Hoc Committee (1995); Section VI. The Sixth Committee; Section VII. The Preparatory Committee (1996–1998); Section VIII. The Draft Statute CHAPTER THREE: The Main Actors of the Negotiations Section I. The United Nations Secretariat; Section II. Governments and their Delegations; Section III. Civil Society; Section IV. The Growth of the CICC; Section V. The Like-Minded Group’s Partnership with NGOs CHAPTER FOUR: The Rome Diplomatic Conference Section I. The Final Preparations; Section II. A New Chairman at Rome; Section III. Conference Procedures; Section IV. Opening Statements; Section V. The Committee of the Whole: ‘The Substantive Work’; Section VI. The Drafting Committee; Section VII. The First Stages of Negotiations; Section VIII. David Scheffer and the Position of the United States; Section IX. The French Delegation; Section X. The Canadian Delegation and Conference Leadership; Section XI. NGOs; Section XII. The UN Secretariat and Support Staff CHAPTER FIVE: The Drama of the Final Days Section I. Final Breakthrough; Section II. The Final Vote CHAPTER SIX: Major Results of the Negotiations and the Evolution of International Criminal Law Section I. Definitions of Crimes; Section II. Crimes of Sexual Violence and Gender Balance; Section III. Victims’ Rights; Section IV. The Debate on Penalties and the Death Penalty; Section V. ICC Jurisdiction; Section VI. The Key Role of States AFTERWORD: Section I. The Rapid Entry into Force of the Statute; Section II. The Work of the Preparatory Commission; Section III. The CICC Evolution; Section IV. The United States: From Aggressive Opposition Toward Cooperation; Section V. As of Today CONCLUDING REMARKS: Toward a New Multilateral Diplomacy; A Note on Sources and Research Methods APPENDIX A. Tables: Table I. Drafting the International Criminal Court Treaty; Table II. UN Authorizations and Resolutions; Table III. Last Two Weeks of the Rome Diplomatic Conference APPENDIX B. SADC Principles; APPENDIX C. Dakar Declaration; APPENDIX D. NGO Basic Principles; BIBLIOGRAPHY; INDEX.