The Statute for an International Criminal Court and the United States:
Peacekeepers under Fire?

Marten Zwanenburg

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Abstract

The traditional practice of reserving criminal jurisdiction over members of peacekeeping operations for troop contributing states has certain disadvantages. The drafting of the Statute for an International Criminal Court (ICC) provided an opportunity to re-evaluate this practice and devise an improved one. The Statute that was adopted in Rome in July 1998 has been criticized by the Unites States for allowing prosecution of its peacekeepers by the ICC, which the US fears may lead to politicized prosecutions. This article discusses what changes the Statute entails with regard to the prosecution of peacekeepers. It argues that the traditional practice largely remains unaffected because the Statute includes a number of safeguards, a principal one being the notion of complementarity. The article concludes that the content of the Statute does not justify US fears and that it does not address the problems connected with the traditional system of criminal jurisdiction over peacekeepers.

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