국제 인권 조약으로서의 로마 규정과 국제형사재판소의 역할 – 아프가니스탄, 미얀마, 필리핀, 팔레스타인 등 아시아 지역 상황을 바탕으로

Adopted in Rome on 17 July 1998 and entered into force on 1 July 2002, Rome Statute of the International Criminal Court(Rome Statute), as its name implies, is an international treaty aimed at establishing a permanent International Criminal Court (ICC). There are four situation in Asia that are processed in the investigation or examination phases in the ICC. First, with respect to the US, Ms. Fatou Bensouda, ICC’s chief prosecutor, began an investigation of atrocities committed by US personnel in Afghanistan since 2003. And then, the ICC, which had been condemned of focusing too much on the events in Africa, began an investigation into two domestic famous human rights violations in Asia, where it had had relatively little influence. That is the investigation into Myanmar’s atrocities against the Rohingya and Preliminary examination of the Philippines’ war on drugs. Lastly, the Government of Palestine accepted the jurisdiction of ICC over alleged crimes committed in the occupied Palestinian territory, so preliminary examination is ongoing. In these four examples, it has not been able to find a proper justice for a long time. The fact that the ICC has initiated an investigation does not solve all problems, but it plays a special role, acting as a heavy burden on the atrocities party as an investigation that draws attention from the international community and leads to criminal proceedings, hence has actual outcomes. Despite the various criticism, the ICC has an specific role not seen in previous international organizations, in respect of that the most serious crimes of concern to the international community must not go unpunished and their effective prosecution must be ensured.