The art of compromise: an analysis of the discourse that led to the creation of article 15bis of the Rome Statute.

Abstract: This Sociology of Law thesis looks at the negotiation process that took place within the Special Working Group on the Crime of Aggression between 2004 and 2009 and which led to the creation of article 15bis of the Rome Statute. The article sets out the rules regarding the International Criminal Court’s jurisdiction over crime of aggression cases, referred to it by States or initiated by the Prosecutor of the Court. Foucauldian theories on the effects of power on the production of knowledge and the productivity of discourse were used to analyse the process, in order to gain an understanding for how the debate on this issue developed in the way it did. It was found that the negotiation process contained many conflicting views on what the Court’s jurisdiction should be. Power was used in a strategic way by delegations to work towards their specific aim, and the visibility of different institutions shaped the way in which the discourse could be conducted. This meant that many compromises had to be made throughout the process in order to finally be able to reach an agreement regarding the Court’s jurisdiction on the crime, in time for the Review Conference held in 2010.