Abstract
One important and striking strength of the Rome Statute that established the International Criminal Court (ICC) is that it contained no provision referring to reservations, exceptions, or derogations. Many international treaties codified in the field of human rights recognize states’ rights to derogate from certain provisions. Even if there is no general clause of derogation or exception, nearly all international treaties and conventions include reservations that are annexed or attached to them by the signing or ratifying states.
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Notes
- 1.
For instance, one of the most authoritative and acclaimed documents in the field of human rights, the European Convention on Human Rights, formulates, in general terms, four types of restrictions: reservations, derogations, denunciations, and permissible restrictions. See Hugh Storey, “Human Rights and the New Europe: Experience and Experiment,” Political Studies, Vol. 43, Special Issue, 1995, pp. 138–139.
- 2.
The final package that was put forward by Philippe Kirsch is particularly worth mentioning. This proposal was so daring and challenging that it was referred to as a “take it or leave it!” package. See Alejandro Kirk, “Take it or Leave it,” Terra Viva, Issue 22, July 14, 1998, pp. 1–2.
- 3.
“Too Many Ratifications Would Delay ICC’S Entry into Force, Say NGOs,” On the Record ICC, Vol. 1, Issue 12, June 27, 1998.
- 4.
International Commission of Jurists, “Definition of Crimes,” ICJ Brief No. l, p. 5.
- 5.
Philippe Kirsch and Valerie Oosterveld, “Completing the Work of the Preparatory Commission: The Preparatory Commission for the International Criminal Court,” Fordham International Law Journal, Vol. 25, Issue 3, 2002, p. 565.
- 6.
Ibid., p. 566.
- 7.
Ibid., p. 566.
- 8.
Final Act of the United Nations Diplomatic Conference of Plenipotentiaries on the Establishment of an International Criminal Court, U.N. Doc. A/CONF.183/10, July 17, 1998, [Final Act], Resolution F.
- 9.
Ibid.
- 10.
Ibid., para. 2.
- 11.
Ibid., para. 5.
- 12.
Ibid., para 6.
- 13.
Ibid., para 7. The Final Act reads: “The Commission shall prepare proposals for a provision on aggression, including the definition and Elements of Crimes of aggression and the conditions under which the International Criminal Court shall exercise its jurisdiction with regard to this crime.”
- 14.
Ibid., para. 8.
- 15.
“Establishment of an international criminal court,” U.N. General Assembly Resolution No. 53/105, U.N. Doc. No. A/RES/53/105, 83rd Plenary Meeting, December 8, 1998, para. 4.
- 16.
Ibid., para. 7.
- 17.
“Establishment of an international criminal court,” U.N. General Assembly Resolution No. 54/105, U.N. Doc. No. A/RES/54/105, 76th Plenary Meeting, December 9, 1999; “Establishment of an international criminal court,” U.N. General Assembly Resolution No. 55/155, U.N. Doc. No. A/RES/55/155, 84th Plenary Meeting, December 12, 2000; “Establishment of an international criminal court,” U.N. General Assembly Resolution No. 56/85, U.N. Doc. No. A/RES/56/85, 85th Plenary Meeting, December 12, 2001.
- 18.
Jennifer Schense, “Second Session of the Preparatory Commission,” The International Criminal Court Monitor, Issue 11, 1999, p. 10.
- 19.
David Donat-Cattin, “ICC Procedural Law: The Limited Mandate of the PrepCom on the Rules of Procedure and Evidence,” The International Criminal Court Monitor, Issue 14, 2000, p. 8.
- 20.
Draft Report on the Eighth Session of the Preparatory Commission September 24, October 5, 2001 Coalition for an International Criminal Court October 7, 2001.
- 21.
Ibid., p. 3.
- 22.
Ibid., p. 3.
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Çakmak, C. (2017). No Reservations, No Statute of Limitations in the Final Statute. In: A Brief History of International Criminal Law and International Criminal Court. Palgrave Macmillan, New York. https://doi.org/10.1057/978-1-137-56736-9_11
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