| This dissertation is intended to analyze and evaluate the State of the International Criminal Court which was newly created at the United Nations Diplomatic Conference in Rome, Italy on 17 July 1998 (the Rome Conference or the Conference). This dissertation addresses a host of difficult questions and common questions the new permanent International Criminal Court (The ICC or the Court) can raise and possible answers to those questions. This dissertation also records the legislative histories of each article of the ICC Statute and evaluates legal ramifications of the Statute.; Even though the United States Government has argued the Rome Statute violates the law of treaties and is not consistent with international law, the author tries to prove that the Rome Statute does not violate the law of treaties and is consistent with international law. The Rome Statute is invaluable in that it codifies the present international law and international criminal law and procedure. The Statute, which was supported by 120 states in the world, summarize the present treaty law, customary international law and general principles of law, even though some contents of the Statute were watered down by some states.; Further, the author participated in the process for the adoption of the Rome Statute as a member of the Korean Delegation to the Rome Diplomatic Conference. Especially, Korea submitted a very important proposal on the jurisdiction of the Court, which I was involved in, and tried to bridge the gaps between the U.S. position and various other states' positions. On the basis of his own reservations and experiences at the Rome Conference, the author thinks the Rome Statute has delicate balances among various interests of countries and will be a great weapon for the World to fight with against the most heinous international crimes: genocide, crimes against humanity, war crimes and crimes of aggression.; Therefore, this dissertation is an insider's observation and a legislative history of the Rome Statute. However, the views appearing in this dissertation are not those of the Korean Government, but solely those of the author as an international law researcher and a participant in the Rome Conference. |
