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The NPT was met with skepticism when the treaty first went into force, and 50 years later analysts are still predicting its imminent demise. This chapter highlights the central puzzle of the book: why does the nuclear nonproliferation regime – which most expected to have limited effectiveness – appear to have been so successful? Tracing the history of the regime, it draws from declassified documents and diplomatic records to examine how events have shaped perceptions of the regime’s effectiveness. It describes the parallel expectations of international organizations and international security theory and contrasts the widespread pessimism about the regime with evidence of its success.
The International Criminal Court is a distinct international organization headquartered in The Hague. It works in close cooperation with the United Nations but is independent of it. The Court is composed of four ‘organs’: the Presidency, the Chambers, the Office of the Prosecutor and the Registry. The Presidency consists of the President and the two Vice-Presidents, who are elected by the Plenary of judges. Judges are elected by the Assembly of States Parties to terms of nine years; they must be nationals of a State Party. The judges are constituted into Divisions, for Appeals, Trials and Pre-Trial proceedings. Within each division may be one or more Chambers. The Appeals Chamber is generally composed of five judges while the other Chambers are generally made up of three judges, although a Single Judge may issue rulings in some cases. The head of the Office of the Prosecutor is the Prosecutor, who is elected to a nine-year term by the Assembly of States Parties. The Registrar is nominated by the judges but elected by the Assembly of States Parties and serves a term of five years. The Registrar is the principal administrative officer. The Court’s annual budget is proposed by its organs but must be confirmed by the Assembly of States Parties.
This contribution sets out the path towards consensus at Kampala. Before the Review Conference, two main issues remained unresolved: the question whether some form of consent by the alleged aggressor state should be required, and the role of the UN Security Council. Few had expected a consensus on a comprehensive package. The outcome of Kampala reflects significant compromises, but also a significant step to advance international criminal law.
The International Military Tribunal at Nuremberg established a legal precedent for the proposition that waging a war of aggression is an international offence, for which individuals may be held criminally accountable. The efforts of the First Review Conference of the Rome Statute have resulted in a definition of the crime of aggression being included in the Rome Statute. Although a framework for the International Criminal Court's exercise of jurisdiction over the crime of aggression was also included in the amendments adopted at the Review Conference, such exercise of jurisdiction has not been given immediate effect and is subject to further action by the members of the Assembly of States Parties.
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