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Why a Court, and How

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Chapter Summary

The negotiations to create the International Criminal Court (ICC) were not separate from the United Nations or the world, and the internal politics of the negotiations often reflected external political influences. Such influences affecting the creation of the Rome Statute ranged from continuing atrocities on several continents including those in Kosovo, Africa and beyond, to the Lewinsky scandal in Washington that distracted the Clinton administration. Through the perceived insufficiencies of the international ad hoc tribunals of 1993 and 1994, negotiators were well aware of the importance of giving a role and real place to victims during the negotiations for the International Criminal Court as well as confronting gender issues as yet unaddressed by international law. The sustained efforts of civil society in particular played a major part in drawing attention to these issues throughout the course of the negotiations.

Keywords:gender issue; internal politics; international criminal court (ICC); negotiations; victims



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