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Australian Implementation of the Rome Statute of the International Criminal Court

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Chapter Summary

By reconstructing the divisive ratification debate within Australia, this chapter explains why things changed so dramatically in the period between Australia's initial support of the International Criminal Court (ICC) project and ratification. It is shown that opposition to the ICC regime within Australia was to a large extent based on a concern that ratification of the Rome Statute would fundamentally compromise Australian sovereignty by subjecting Australians to the jurisdiction of an undemocratic, unaccountable and potentially malicious international body, with the power to enforce laws of uncertain meaning that might be contrary to Australian values. Through a detailed consideration of the crime of wilful killing, the chapter also considers the effect of the domestic ratification debate on Australia's implementing legislation, which contains several examples of problematic drafting.

Keywords: Australia; domestic ratification debate; International Criminal Court; International humanitarian law; Nuremberg Trial; Rome Statute

10.1163/ej.9789004156913.i-338.66
/content/books/10.1163/ej.9789004156913.i-338.66
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