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Lee, Roy S. The International Criminal Court: The Making of the Rome Statute--Issues, Negotiations, Results

A statute laying the foundation for a permanent international criminal court (ICC) was adopted by overwhelming vote at a diplomatic conference in Rome on July 17, 1998. The Secretary-General of the United Nations, Kofi A. Annan, hailed the statute as "a gift of hope to future generations," as "one of the finest moments in the history of the United Nations," and as "a giant step forward in the march towards universal human rights and the rule of law" (p. ix). Professor Roy S. Lee, executive secretary of the Rome Conference, has assembled and edited contributions from twenty-eight key players who present an authoritative "insider's view" that explains the statute's 128 articles and how difficult compromises were reached in the process of drafting them. It is an indispensable source book for serious students of the subject. Managing a conference of 160 participating states and amalgamating vastly divergent viewpoints was a daunting enterprise. Lee's introduction sketches the creation of simultaneous working groups and coordinating mechanisms to reconcile and meld conflicting clauses into one cohesive legal package. Policy questions that could not be settled had to be skillfully deferred for later consideration. Lee, who recently retired as director of the United Nations' Codification Division, maintains that the new court would harmonize national judicial systems and strengthen law enforcement regarding major crimes of concern to the world community. An ICC would help deter those who thought themselves beyond the reach of international justice. He concludes, optimistically: "An effective, functioning International Criminal Court will soon be a reality" (p. 38).