The Rome Statute for an International Criminal Court A Commentary

by Cassese, Antonio; Eser, Albin; Gaja, Giorgio; Kirsch, Philip; Pellet, Alain; Swart, Bert

• ISBN13: 9780198298625
• ISBN10: 0198298625
• Format: Hardcover
• Copyright: 2002-09-26
• Publisher: Oxford University Press

Summary

International Criminal Law: A Commentary on the Rome Statute for anInternational Criminal Court offers a unique opportunity to revisit the whole ofinternational criminal law.This thematic Commentary on the Statute appraises the contribution made tointernational criminal law by post Second World War national criminal courts andby ad hoc international criminal Tribunals; re-examines the case-law developedby those courts and Tribunals; establishes to what extent the Rome Statutecodifies this body of law or instead departs from it; and makes a criticalassessment of the Rome Statute as a viable working tool for internationalcriminal justice.Written by an outstanding international team of experts under the generaleditorship of Professor Antonio Cassese, this timely companion to the burgeoningfield of international criminal law will be of interest to international legalscholars, practitioners, judges and all those interested in the administrationof international justice, as well as to all students of internationalinstitutions

Table of Contents

The Path to Rome and Beyond

From Nuremburg to Rome: From Ad Hoc International Criminal Tribunals to the International Criminal Court

The Drafting History and Further Developments

The Work of the International Law Commission

From the International Law Commission to the Rome Conference (1994 - 1998)

Reaching Agreement at the Rome Conference

The Post-Rome Conference Preparatory Commission

The Role of Non-Governmental Organizations

Entry into Force and Amendment of the Statute

Structure of the ICC

The Court

Seat of the Court

Legal Status and Powers of the Court

Relationship of the Court with the United Nations

Composition of the Court

The Office of the Prosecutor

The Registry and Staff

Duties of Officials

Privileges and Immunities

Assembly of States Parties

Financing

Jurisdiction

Jurisdiction ratione materiae (Subject-Matter Jurisdiction)

Genocide

Crimes Against Humanity

War Crimes

The Long Journey Towards Repressing Aggression

Elements of the Crimes

Cumulation of Offences

The Missing Crimes

Jurisdiction ratione personae

Jurisdiction ratione temporis

Jurisdiction ratione loci

Can the Security Council Extend the ICC''s Jurisdiction?

Preconditions to the Exercise of Jurisdiction

`Trigger Mechanisms''

Referral by State Parties

Referral and Deferral by the Security Council

Initiation of Proceedings by the Prosecutor

Issues of Admissibility and Jurisdiction

Complementarity: National Courts versus the ICC

Possible Conflicts of Jurisdiction with Ad Hoc International Tribunals

Possible Conflicts of Jurisdiction with Truth Commissions

Ne bis in idem Principle, including the Issue of Amnesty

General Principles of International Criminal Law

Nullum crimen, nulla poena sine lege in International Criminal Law

Individual Criminal Responsibility

Superior Responsibility

Non-applicability of Statute of Limitations

Mental Elements - Mistakes of Fact and Law

Defences

Justifications and Excuses in International Criminal Law

Superior Orders

Official Capacity and Immunities

Other Grounds for Excluding Criminal Responsibility

The Statute and General International Law

Applicable Law

International Criminal Responsibility of the Individual and International Responsibility of the State

The Statute''s Rules on Crimes and Existing or Developing International Law

International Criminal Proceedings

The Rules of Procedure and Evidence - An Overview

Investigation

Powers and Duties of the Prosecutor

Rights of Persons During an Investigation

Pre-Trial Proceedings

Powers of the Pre-Trial Chambers

Proceedings Before the Pre-Trial Chamber

Trial Procee

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