Negotiating the International Criminal Court

Fanny Benedetti is a human rights lawyer and gender expert working as an independent consultant with NGOs, IGOs and government, based in Paris, France. She participated in the ICC treaty negotiations on behalf of the NGO Coalition for an International Criminal Court in 1997 and 1998.Karine Bonneau PhD, is a human rights lawyer and victims' rights expert, Director of the International Justice Desk of FIDH. She represented Redress, Amnesty International and the French Coalition for the ICC in the ICC negotiations from 1998 until 2000.John Washburn convenes the American Nongovernmental Organizations Coalition for the International Criminal Court. He was an American diplomat and a United Nations official. He represented nongovernmental organizations in almost all of the negotiations for the Court’s Rome statute.

• Preface; Acknowledgements; List of Abbreviations; List of Interviewees; Introduction;Section I. The Story; Section II. Period Covered; Section III. Methods, Processes, and Techniques of the NegotiationsCHAPTER ONE: Why a Court, and HowSection I. The Internal Politics of the ICC Negotiations; Section II. The Place of Victims and Gender in the NegotiationsCHAPTER TWO: Negotiating the International Criminal CourtSection I. Historic Background; Section II. The Influence of the United Nations; Section III. Negotiating Styles and Strategies; Section IV. The Meeting Halls; Section V. The Ad Hoc Committee (1995); Section VI. The Sixth Committee; Section VII. The Preparatory Committee (1996–1998); Section VIII. The Draft StatuteCHAPTER THREE: The Main Actors of the NegotiationsSection I. The United Nations Secretariat; Section II. Governments and their Delegations; Section III. Civil Society; Section IV. The Growth of the CICC; Section V. The Like-Minded Group’s Partnership with NGOsCHAPTER FOUR: The Rome Diplomatic ConferenceSection I. The Final Preparations; Section II. A New Chairman at Rome; Section III. Conference Procedures; Section IV. Opening Statements; Section V. The Committee of the Whole: ‘The Substantive Work’; Section VI. The Drafting Committee; Section VII. The First Stages of Negotiations; Section VIII. David Scheffer and the Position of the United States; Section IX. The French Delegation; Section X. The Canadian Delegation and Conference Leadership; Section XI. NGOs; Section XII. The UN Secretariat and Support StaffCHAPTER FIVE: The Drama of the Final DaysSection I. Final Breakthrough; Section II. The Final VoteCHAPTER SIX: Major Results of the Negotiations and the Evolution of International Criminal LawSection I. Definitions of Crimes; Section II. Crimes of Sexual Violence and Gender Balance; Section III. Victims’ Rights; Section IV. The Debate on Penalties and the Death Penalty; Section V. ICC Jurisdiction; Section VI. The Key Role of StatesAFTERWORD: Section I. The Rapid Entry into Force of the Statute; Section II. The Work of the Preparatory Commission; Section III. The CICC Evolution; Section IV. The United States: From Aggressive Opposition Toward Cooperation; Section V. As of TodayCONCLUDING REMARKS: Toward a New Multilateral Diplomacy; A Note on Sources and Research MethodsAPPENDIX A. Tables: Table I. Drafting the International Criminal Court Treaty; Table II. UN Authorizations and Resolutions; Table III. Last Two Weeks of the Rome Diplomatic ConferenceAPPENDIX B. SADC Principles; APPENDIX C. Dakar Declaration; APPENDIX D. NGO Basic Principles; BIBLIOGRAPHY; INDEX.