The International Criminal Court After Kampala 7-12-10

The Assembly of States Parties to the Rome Statute (which created the International Criminal Court) held a review conference in Kamapala, Uganda in early June 2010, including a week of negotiations resulting in the adoption of a definition of the crime of aggression.

The Bush Administration "unsigned" the Clinton Administration's last-minute signing of the Statute and severely limited its contacts with the ICC. The Obama Administration, as part of its exploration of support for the ICC, sent a 30-member delegation to Kampala.

The U.S. delegation's plea for rejection of the definition of the crime of aggression presented to the Review Conference was unsuccessful. Instead, the adoption of a complex set of understandings and amendments regarding the implementation of the definition, including one that made it clear that in the absence of a U.N. Security Council finding of an act of aggression neither a non-State Party nor its nationals could be charged with the crime, permitted the U.S. delegation to join the adoption of the definition by consensus.

Should the U.S. re-sign the Statute? Accede to the Statute? Continue its current status as a non-party, but increase its cooperation with the ICC? On the other hand, does the action taken (or not taken) at Kampala provide additional support for those who oppose accession and cooperation?

Featuring:
--Mr. Richard Dicker, Director, International Justice Division, Human Rights Watch
--Hon. Brian Hook, Partner, Latitude, LLC and former Assistant U.S. Secretary of State for International Organizations
--Prof. Jeremy A. Rabkin, George Mason University School of Law
--Prof. Michael P. Scharf, John Deaver Drinko-Baker & Hostetler Professor of Law, Case Western Reserve University School of Law
--Moderator: Hon. Edwin D. Williamson, Senior Counsel, Sullivan & Cromwell LLP and former Legal Adviser of the U.S. Department of State

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