This paper examines the principal legal and political effects of the Rome Statute on non-parties. In particular, it explores the significance of the creation of a new powerful international institution for all members of the international community. It discusses the jurisdictional reach of the ICC which will inevitably affect all States. This paper also analyzes possible application of some provisions of the Rome Statute to non-States Parties in so far as these may reflect or generate customary international law. It suggests that despite the traditional principle of treaty law, according to which treaties do not bind Third States, the Rome Statute will affect non-States Parties in many significant ways.
Gennady M. Danilenko,
The Statute of the International Criminal Court and Third States,
Mich. J. Int'l L.
Available at: http://repository.law.umich.edu/mjil/vol21/iss3/3