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there has been a tendency on the part of advocates of the

ICC to try to transfer human rights violations and viola-

tions of other international prohibitions to the domain of

the court.

Efforts to Expand the ICC's Purview

For example, Amnesty International, a nongovernmental

organization supporting the establishment of the ICC, says

not only that the court should handle war crimes, crimes

against humanity, and genocide but that the "perpetrators of

human rights violations must be brought to justice" there as

well.17  Embracing that view, the ICC draft statute contains

wording that would elevate unlawful imprisonment and politi-

cal incarceration to the status of international crimes.

Although those activities are deplorable, including them in

the final ICC statute will establish the precedent that the

international court exercises "complementary" jurisdiction

not only over war crimes, crimes against humanity, and

genocide but over matters of domestic law enforcement and

internal security as well.

A number of countries also want to have the crime of

"aggression" included in the final ICC statute.  For in-

stance, Germany's representative to the Preparatory Commit-

tee for the Establishment of an International Criminal

Court, Rolf Welberts, says that his delegation is encouraged

by the broad support for its initiative to include the crime

of "aggression" in the future court's statute and that the

statute would be blatantly incomplete without the inclusion

of that crime.18  Similarly, the Russian Federation's repre-

sentative, Aleksander Zmeevsky, says that his country be-

lieves that the court's jurisdiction should cover acts

threatening the maintenance of international peace and

security and that such crimes include planning, preparing,

initiating, and carrying out a war of aggression.19  Libya

is even arguing that the crime of "aggression" should be

defined to include confiscation of property and establish-

ment of settlements in occupied territories.20  That wording

would have direct implications for the United States, which

continues to freeze Libyan assets, and for Israel, which

continues to build settlements on the West Bank.

According to the proposed wording of Article 5 of the

ICC draft statute, the term "aggression" could also include

such things as the "bombardment by the armed forces of a