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The establishment of the International Criminal Court (ICC) through the signing of the Rome Statute in July, 1998 created the first permanent criminal court under international law. The Court stands in stark contrast to previous international criminal tribunals not simply because of its permanent nature, but also because it places the individual, not states, responsible under international law. It is, however, this independent, permanent nature of the Court which sparked fears within the society of states that the Court may in some manner serve to erode the state sovereignty. The purpose of this work is to address this basic concern. The aim of the work is to address the concept of sovereignty by first examining standard perceptions of sovereignty and then to move the discussion into an institutionalist construction of the term. Once accomplished, I then apply a set of criteria for evaluating sovereignty to the basic structures of the ICC in order to explore what the potential impact of the ICC may be on the institution of state sovereignty. In the end, I find that the institution of sovereignty is not threatened by the presence of the Court. In fact, the institution of sovereignty may be in some ways bolstered by the Court in that the Court embodies a new set of principals with regards to the appropriate relationship between the state and the individual. / Master of Arts

Boston University. University Professors Program Senior theses. / PLEASE NOTE: Boston University Libraries did not receive an Authorization To Manage form for this thesis. It is therefore not openly accessible, though it may be available by request. If you are the author or principal advisor of this work and would like to request open access for it, please contact us at open-help@bu.edu. Thank you. / 2999-01-01

This research aims to analyze the relationship between non-governmental organizations (NGOs) and the establishment of the International Criminal Court (ICC). To understand the making of the ICC and the role of NGOs in its making is the intention behind this research project. It is for this reason that this thesis begins with a detailed examination of the emerging roles of NGOs in international relations. Subsequently, the background of ICC’s making is mentioned. It is divided into two parts, including participation of states and participation of NGOs. Regarding participation of NGOs in the making of the ICC, NGO Coalition for the ICC (CICC) plays a crucial role in this campaign. In summary, the lessons learned from CICC can be concluded as follows: - setting and controlling the international political agenda - gathering and analyzing information quickly - using the media as a means of dissemination - increasing communications with States - coordinating information and strategy - reducing coalition-building costs - monitoring and implementing international law The creation of the ICC can be seen as a multilateral mechanism for concerted international human security efforts. If we can apply the lessons that CICC have learned, then many more successful campaigns will be expected soon.

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This thesis analyzes the technical definition of the crime of persecution for the purpose of prosecutions at the International Criminal Court. The provisions on the crime of persecution are found in Article 7(1)(h) and Article 7(2)(g) of the Rome Statute and Article 7(1)(h) of the Elements of Crimes. Lack of clarity is a difficulty with these provisions. The writer analyzes the provisions by pooling together primary and secondary sources and drawing on the customary international law that has emerged from the ad-hoc International Criminal Tribunals established between 1945 and 2003.

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This thesis critically examines the origins and development of international criminal lave to identify the defining features of this emerging legal tradition. It critically evaluates the experimental approach taken in Article 21 of the Rome Statute of the International Criminal Court, which attempts to codify an untested normative super-structure to guide this legal tradition. / International criminal law is a hybrid tradition which seeks legitimacy and answers to difficult questions by drawing on other established legal traditions. Its development at the confluence of public international law, international humanitarian law, international human rights law and national criminal laws has resulted in gaps in difficult cases with no clear answers. These lacunae have been filled by recourse to judicial discretion, exercised consistent with Patrick Glenn's theory of transnational common laws, and by privileging one of the competing aims of international criminal law: enhancing humanitarian protection versus maximizing fairness to the accused.

The International Criminal Court (hereinafter ICC) is a new permanent international judicial tribunal which plays an important role in combating international crimes and dispensing justice. It was established in 1998 by the international community after much effort and compromise. It is designed to be an independent international body, with the autonomy to determine its budget and control its funding. This study discusses how the ICC acts as a mechanism to create a nexus between international criminal and humanitarian law by prosecuting crimes like genocide, crimes against humanity, war crimes and the crime of aggression, that fall within its jurisdiction. The study seeks to show that the international jurisdiction of the ICC is a potential safeguard against arbitrary national criminal procedures in respect of those who are accused of committing serious international crimes. The ICC's jurisdiction is complementary to that of national courts that are unable or unwilling to investigate and prosecute these crimes. National judicial systems are still required to play a primary role in combating international crimes and it is important that states, organisations and individuals assist the ICC if it is to become an effective deterrent to perpetrators of international crimes. The rationale behind the ICC's establishment is that the international community is under a legal obligation to prosecute violations of international law in either national or international courts. The study also analyses the role of the ICC in balancing the rights of the victims and the rights of the accused by applying the guarantees and safeguards for conducting fair trials set out in the Rome Treaty. In this way, it seeks to show that prosecuting and punishing perpetrators of international crimes is an important contributing factor in the creation of a human rights' culture, while also serving as a deterrent to prospective violators of international human rights and humanitarian law. / Thesis (LL.M)-University of KwaZulu-Natal, Durban, 2005.