They want the ICC to have an independent prosecutor who will launch prosecutions on his or her own initiative, as well as acting on state complaints, or taking up suggested cases from the UN Security Council. The alternative is that the ICC will not be given the means to pursue war criminals. This would encourage states to ratify, but produce an empty shell. Rome will probably produce something in between. But however strong or weak the court, its success will depend on the cooperation it gets from member states.
Recent history warns against expecting miracles.
Although the tribunal in Arusha has arrested a former Rwandan Prime Minister and acting Defense Minister, the two tribunals have netted relatively few big fish. But when it comes to access, these investigators are often disappointed. China, Sudan, Iran, Cuba, and Indonesia, have all refused them access. Senior American government officials snubbed the UN's special rapporteur on Summary Executions when he visited the United States recently to inquire about the death penalty. UN Secretary General Kofi Annan, both mild and pragmatic, told governments this week that they simply cannot afford to let down victims of past and future war crimes committed during international and internal conflicts.