
The International Criminal Court (the ICC) is an independent institution and the world's first international permanent criminal court. The ICC was created via a multi-lateral treaty; the Rome Statute adopted by the United Nations Diplomatic Conference of Plenipotentiaries on the Establishment of an International Criminal Court 17 July, 1998 in Rome (see Appendix F.1 for the text of the Rome Statute). This is unlike the situation with the other international criminal courts so far discussed; the ICTR, ICTY and SCSL. The latter courts have a mandate which ends after a defined period of time. The ICTR, ICTY and SCSL were set up by the United Nations Security Council in response to the need to respond to specific situations that occurred in these jurisdictions and avoid the perpetrators of international crimes involved in those particular situations escaping justice. The Assembly of States (comprised of the State Parties to the Rome Statute) is the body that has oversight over the ICC and is responsible for any legislative decisions affecting the legal instruments guiding the operation of ICC. The States Parties to the Rome Statute have a legal obligation under that treaty to cooperate with the International Criminal Court. As of 14 November, 2008, there were 108 States Parties (States which had ratified the Rome Statute), but these did not include a number of major powers such as the United States, Russia, and China. There is also an agreement between the United Nations and the ICC which sets out institutional co-operative relations that allows, for instance, for exchange of information, etc. (i.e., the United Nations may have confidential documents relevant to a case being prosecuted by the ICC which it will share with the ICC subject to certain confidentiality provisions. This in order that the Prosecutor may use the information provided by the United Nations to develop further evidence). However, the ICC is not part of the United Nations but rather a completely independent institution. The ICC makes an annual report to the United Nations on its activities. However, the ICC remains a fully independent institution.
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