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always being judge in their own cases.  This re-

sistance, shared by many other peoples, is itself

an argument for keeping the list of crimes against

humanity rather short at the beginning, if only to

get national publics around the world to begin to

distinguish between ordinary and extraordinary

criminals.29

In other words, the treaty that comes out of the Rome con-

ference is only the beginning.

Financing the Court and

Potential Bureaucratic Empire Building

According to Article 50 of the ICC draft statute, "The

judges, the prosecutor, the Registrar and the Deputy Regis-

trar shall receive such salaries, allowances and expenses as

may be decided by the Assembly of States Parties."30  In

other words, the compensation packages for employees of the

court have not been worked out yet.  So how much will the

court cost?  It is difficult to estimate, but DePaul Univer-

sity published a study in 1997 estimating the cost of the

court at $60 million to $115 million annually.31  It should

be noted, though, that the UN budgeted more than $130 mil-

lion this year for the Yugoslavia and Rwanda tribunals.32

As the registrar for the Rwanda tribunal, Agwu Ukiwe Okali,

pointed out in a speech before the UN Preparatory Committee

on the Establishment of an International Criminal Court,

international tribunals are a lot larger than most people

realize:

One of the most common misapprehensions about the

ICTR [the Rwanda tribunal], and I am sure the same

goes for the ICTY [the Yugoslavia tribunal], is as

to its size.  When people think about the tribu-

nal, they think actually of a court and when they

think of a court, they think of a few judges with

some support staff--20, 30, maybe 40 people alto-

gether.  Nothing prepares them for the actual size

of the operation--a staffing strength of over 600

and an annual budget of nearly 60 million dollars.

What is the point here?  The point is that we are

speaking, not of a small cottage operation, but of

a large and extensive organization.33

Okali went on to argue that the ICC should have employ-