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The Rome Statute of the International Criminal Court: A Commentary

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ISBN13: 9780198298625
ISBN: 0198298625
Published: June 2002
Publisher: Oxford University Press
Country of Publication: UK
Format: Hardback, 2 Volumes
Price: Out of print



The International Criminal Court (ICC) officially came into existence in July 2002 following the 60th ratification of the Rome Statute, heralding a new era for the effective prosecution and punishment of serious violations of international humanitarian law - genocide, war crimes and crimes against humanity.

This two volume Commentary takes a thematic look at the whole of international criminal law, appraising the contributions of international tribunals such as the Nuremberg and Tokyo Tribunals and the ad hoc Tribunals for Yugoslavia and Rwanda, as well as those of national courts. It re-examines the case law developed by these courts and tribunals, establishes to what extent the Rome Statute codifies this body of law or instead departs from it, and makes a critical assessment of the Statute as a viable working tool for international criminal justice.

A third volume contains the texts of the Statute, the Rules of Procedure and Evidence and Elements of Crimes.;Written by an outstanding international team of experts under the general editorship of Antonio Cassese, Paola Gaeta, and John R.W.D. Jones, this timely companion to the burgeoning field of international criminal law will be of interest to international legal scholars, practitioners and judges, and to all those who are interested in the administration of international justice and the workings of international institutions.

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Subjects:
International Criminal Law
Contents:
1. FROM NUREMBURG TO ROME: FROM AD HOC INTERNATIONAL CRIMINAL TRIBUNALS TO THE INTERNATIONAL CRIMINAL COURT
2. The Drafting History and Further Developments
2.1 The Work of the International Law Commission
2.2 From the International Law Commission to the Rome Conference (1994 - 1998)
2.3 Reaching Agreement at the Rome Conference
2.4 The Post-Rome Conference Preparatory Commission
2.5 The Role of Non-Governmental Organizations
3. Entry into Force and Amendment of the Statute
4. THE COURT
4.1 Seat of the Court
4.2 Legal Status and Powers of the Court
4.3 Relationship of the Court with the United Nations
4.4 Composition of the Court
5. The Office of the Prosecutor
6. The Registry and Staff
7. Duties of Officials
8. Privileges and Immunities
9. Assembly of States Parties
10. Financing
11. JURISDICTION RATIONE MATERIAE (SUBJECT-MATTER JURISDICTION)
11.1 Genocide
11.2 Crimes Against Humanity
11.3 War Crimes
11.4 The Long Journey Towards Repressing Aggression
11.5 Elements of the Crimes
11.6 Cumulation of Offences
11.7 The Missing Crimes
12. Jurisdiction ratione personae
13. Jurisdiction ratione temporis
14. Jurisdiction ratione loci
15. Can the Security Council Extend the ICC's Jurisdiction?
16. Preconditions to the Exercise of Jurisdiction
17. 'Trigger Mechanisms'
17.1 Referral by State Parties
17.2 Referral and Deferral by the Security Council
17.3 Initiation of Proceedings by the Prosecutor
18. Issues of Admissibility and Jurisdiction
18.1 Complementarity: National Courts versus the ICC
18.2 Possible Conflicts of Jurisdiction with Ad Hoc International Tribunals
18.3 Possible Conflicts of Jurisdiction with Truth Commissions
18.4 Ne bis in idem Principle, including the Issue of Amnesty
19. NULLUM CRIMEN, NULLA POENA SINE LEGE IN INTERNATIONAL CRIMINAL LAW
20. Individual Criminal Responsibility
21. Superior Responsibility
22. Non-applicability of Statute of Limitations
23. Mental Elements - Mistakes of Fact and Law
24. Defences
24.1 Justifications and Excuses in International Criminal Law
24.2 Superior Orders
24.3 Official Capacity and Immunities
24.4 Other Grounds for Excluding Criminal Responsibility
25. APPLICABLE LAW
26. International Criminal Responsibility of the Individual and International Responsibility of the State
27. The Statute's Rules on Crimes and Existing or Developing International Law
28. THE RULES OF PROCEDURE AND EVIDENCE - AN OVERVIEW
29. Investigation
29.1 Powers and Duties of the Prosecutor
29.2 Rights of Persons During an Investigation
30. Pre-Trial Proceedings
30.1 Powers of the Pre-Trial Chambers
30.2 Proceedings Before the Pre-Trial Chamber
30.3 Arrest Proceedings in the Custodial State
31. Trial Proceedings
31.1 Powers of the Trial Chamber
31.2 Proceedings before the Trial Chamber
31.3 The Rights of the Accused
31.4 Protection of Victims and Witnesses
31.5 Protection of National Security Interests
32. The Status and Role of the Victim
33. The Role of the De