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La Cour Pénale Internationale à la croisée des chemins

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Author(s): Abdelwahab Biad

Journal: ACDI : Anuario Colombiano de Derecho Internacional
ISSN 2027-1131

Volume: 2;
Start page: 87;
Date: 2009;
Original page

Keywords: Assembly of State Parties | Preliminary Chamber | United Nations Charter | International Law Commission | Competence | Security Council | Crimes Against Humanity | the Crime of Aggression | the Crime of Genocide | War Crimes | Geneva Conventions | Immunities | Judges | Detention Order | Prosecutor | Criminal Responsibility | Rome Statute.

ABSTRACT
Since the adoption of the Statute of Rome in July 1998, the ICC hasbeen confronted by a number of problems. One such problem is the disagreement which persists among the members of the Assembly of Member States as to whether the crime of Aggression is one over which the Court has competence pursuant to Article 5 of the Statute. Another diffi culty is the opposition of the United States of America which, since the Bush Administration, has deployed a juridical arsenal with the aim of impeding any type of collaboration with theICC; the tools in the arsenal include the American Service Members’Protection Act and bilateral immunity agreements which prevent thetransfer of American citizens to the Court by State membersof the Rome Statute.
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