What is good for the goose should be good for the gander: the operation of the Rome Statute in the Australian context

摘要

This paper considers the Australian declaration made at the time of ratifying the Rome Statute and its implications for the International Criminal Court (ICC) within the Australian context. The nature of the declaration is investigated in light of the Vienna Convention on the Law of Treaties, 1969, and in particular the International Law Commission's recent Draft Guidelines on Reservations. It concludes that Australia would have a more respected voice at the international level were it to withdraw the declaration and aim for the greatest possible cooperation with the ICC in the pursuit of justice in regard to serious violations such as genocide, crimes against humanity and war crimes.