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The Legislative History of the International Criminal Court 2nd ed

Edited by: M. Cherif Bassiouni, William A. Schabas

ISBN13: 9789004321939
Published: October 2016
Publisher: Brill Nijhoff
Country of Publication: The Netherlands
Format: Hardback, 2 Volumes
Price: £413.00

Despatched in 11 to 13 days.

This unique work is an article-by-article drafting history of the ICC Statute containing all versions of every article in the Statute as it evolved from 1994 to 1998. It also integrates in the Statute's provisions the "Elements of the Crimes" and the "Rules of Procedure and Evidence" adopted by the preparatory Commission (1998-2000). Other relevant documents are also included, such as those concerning the privileges and immunities and financial regulations of the Court, as well as its relationship with the United Nations.

This documentation constitutes the most comprehensive treatment available of the ICC's applicable law. It also offers an insightful first-hand account of the drafting process both prior to and during the Rome Diplomatic Conference, along with a detailed historical survey of the efforts to establish the ICC.

Each article of the Rome Statute is presented chronologically, along with all its prior versions. These versions comprise the texts transmitted between the Drafting Committee and the Committee of the Whole at the Rome Diplomatic Conference; the text proposed by the 1998 Preparatory Committee on the Establishment of an ICC; the text completed by the Intersessional meeting in Zutphen; the text proposed by the 1995 Ad Hoc Committee on the Establishment of an International Criminal Court; the text proposed by the International Law Commission in 1994. It also contains government proposals made during the 1995-1998 sessions of the Ad Hoc and Preparatory Committees, most of which have not been made public documents. This organization of the legislative history permits the reader to see the complete textual evolution of each article.

A description of the ICC mechanisms and institutions precedes this article-by-article legislative history.

Government officials, judges, practitioners, and scholars seeking to interpret and understand the ICC Statute will find this three-volume publication unmatched for completeness and ease of use.

International Criminal Law
Volume 1: Introduction, Analysis, and Integrated Text of the Statute, Elements of Crimes and Rules of Procedure and Evidence
About the Editors
Secretary General’s 1998 Letter
Secretary General’s Preface
Table of Abbreviations
List of Documentation Available Online
Part I
Chapter 1 Chronology of Relevant Historic Dates and Events
Chapter 2 International Criminal Justice in Historical Perspective
Section 1. International Investigative and Prosecutorial Bodies from 1919–1994
Section 2. Establishing a Permanent International Criminal Court: 1937–1989
Section 3. The 1998 Rome Diplomatic Conference
Section 4. The Absence of Legal Method
Section 5. Post-Rome: The Preparatory Commission (1998 to 2002), the Assembly of States Parties and the Kampala Review Conference (2010)
Chapter 3 The ICC’s Nature, Functions and Mechanisms
Section 1. Nature of the Institution
Section 2. Jurisdictional Mechanisms
Section 3. Crimes Within the Jurisdiction of the ICC
Section 4. Elements of Criminal Responsibility and Penalties
Section 5. Applicable Law
Section 6. Stages of the Judicial Proceedings
Section 7. Victims’ Rights
Section 8. Cooperation and Enforcement Modalities
Section 9. Organization and Operation of the ICC
Section 10. National Implementing Legislation
Section 11. Ratification, Amendment, and Reviewing the Statute
Section 12. The Relationship of the ICC with the United Nations
Part II
The Rome Statute, Elements of Crimes, and Rules of Procedure & Evidence: Integrated Text
Appendix 1: Negotiated Relationship Agreement Between the International Criminal Court and the United Nations
Appendix 2: Agreement on the Privileges and Immunities of the International Criminal Court

Volume 2: An Article-by-Article Evolution of the Statute From 1994–2015
About the Editors
Explanatory Note on the Integrated Legislative Text
Drafts of the ICC Statute
Part I. Establishment of the Court, Articles 1–4
Part II. Jurisdiction, Admissibility and Applicable Law, Articles 5–21
Part III. General Principles of Criminal Law, Articles 22–33
Part IV. Composition and Administration of the Court, Articles 34–52
Part V. Investigation and Prosecution, Articles 53–61
Part VI. The Trial, Articles 62–76
Part VII. Penalties, Articles 77–80
Part VIII. Appeal and Revision, Articles 81–85
Part IX. International Cooperation and Judicial Assistance, Articles 86–102
Part X. Enforcement, Articles 103–111
Part XI. Assembly of State Parties, Article 112
Part XII. Financial, Articles 113–118.