Law of War Handbook 2005

(Jacob Rumans) #1

  1. Although the US. is in favor of a standing permanent forum to address war
    crimes, the US does not support the treaty as written. The United States
    signed the Rome Treaty on 3 1 December 2000. Based on numerous
    concerns, however, President George W. Bush directed on 6 May 2002 that
    notification be sent to the Secretary General of the United Nations, as the
    depositary of the Rome Statute, that the United States does not intend to
    become a party to the treaty and has no legal obligations arising from its
    signature on 3 1 December 2000.

  2. A brief summary of the position of the United States is in the statement made
    on 6 May 2002 by Marc Grossman (see Appendix A).

  3. The United Nations Security Council passed Resolution 1487 on June 12,
    2003 (although with abstentions by France, Germany and Syria). This
    requests that the ICC not commence or proceed with investigation or
    prosecution of any case involving current or former officials or personnel
    from a contributing state that is not a party to the KC over acts or omissions
    relating to a UN established or authorized operation. This is to continue for
    12 months with the expressed intent to renew the request each year (and it
    continues the same request in UNSC Resolution 1422).

  4. During its session held in New York from 3 to 7 February 2003, the
    Assembly of States Parties elected the eighteen judges of the Court for a term
    of office of three, six, and nine years. The judges constitute a forum of
    international experts that represents the world's principal legal systems.
    Seven were elected from the Western European and others Group of States
    (WEOG), four from the Latin American and the Caribbean Group of States
    (GRULAC), three from the Asian Group of States, three from the African
    Group of States, one from the Group of Eastern Europe. Seven are female
    and eleven are male judges.

  5. In accordance with Article 38 of the Rome Statute, the 18 judges of the Court
    elected the Presidency on 1 1 March 2003. It is composed of Judge Philippe
    Kirsch (Canada) as President, Judge Aha Kuenyehia (Ghana) as First Vice-
    President, and Judge Elizabeth Odio Benito (Costa Rica) as Second Vice-
    President of the Court. The Presidency is responsible for the proper
    administration of the Court, with the exception of the Office of the
    Prosecutor. However, the Presidency will coordinate and seek the
    concurrence of the Prosecutor on all matters of mutual concern.

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