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This white paper discusses the negotiations during the United Nations Diplomatic Conference of Plenipotentiaries on the Establishment of an International Criminal Court held in Rome, Italy in 1998 that resulted in the establishment of the International Criminal Court (ICC). It was drafted in my capacity as head of the delegation of the Geneva-based International Service for Human Rights on the basis of my delegation's notes, our discussions with delegates, official Conference documents, and reports issued by NGOs and the Coalition for an International Criminal Court during the Conference. The paper provides a brief overview of the Statute with an emphasis on the way in which the key outstanding issues were resolved at the Diplomatic Conference and the positions taken by various delegations. It focuses on the debates surrounding substantive law and the jurisdictional regime at the expense of the more technical provisions governing the conduct of investigations and trial.



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