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21 Sri Lanka J. Int'l L. 193 (2009)
An Appraisal on Some Aspects of the Rome Statute of the International Criminal Court

handle is hein.journals/sljinl21 and id is 467 raw text is: (2009) 21 (No.2) Sri Lanka JIL 193 AN APPRAISAL ON SOME ASPECTS OF THE ROME STATUTE OF THE INTERNATIONAL CRIMINAL COURT Jeeva Niriella * ABSTRACT A new chapter in the area of international criminal law was brought into force with the introduction of the Rome Statute and the International Criminal Court (ICC) in the year 2002. The Rome Statute aimed at establishing a permanent International Tribunal whilst taking into consideration the concept of 'sovereignty of the State' and laid down provisions to punish individuals who commit genocide and other serious international crimes during war situations. The ICC may start proceedings against the atrocities individually if an effective prosecution is not taking place at national level due to legal or factual barriers and difficulties. However there is great anxiety of many States that the ICC could interfere in a State's internal affairs and could affect the State ' sovereignty. This situation leads to a great reluctance of many States especially those in the South Asian region including Sri Lanka to join the ICC. Therefore, it is important to discuss some legal issues relating to the Rome Statute qfthe ICC which might affect or will affect the State sovereignty. It is also important to discuss how the ICC can play a supportive as well as a monitoring role over the national courts in order to bring the individuals before the law and punish them for their crimes, and to ensure the best interest ofthe human being as a whole. 1. INTRODUCTION We are in an era of gross human rights violations due to a variety of socio-economic, cultural and political reasons such as poverty, social disorganization, lack of trust and tolerance among the people and the greediness of power and money. There is Senior Lecturer in Law, Faculty of Law, University of Colombo; Attorney- at- Law (Sri Lanka). 193

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