Download PDF by William A. Schabas: An Introduction to the International Criminal Court (2004)

By William A. Schabas

Because the foreign felony courtroom ushers in a brand new period within the defense of human rights, William Schabas studies the historical past of overseas felony prosecution; the drafting of the Rome Statute of the foreign legal court docket and the foundations of its operation (including the scope of its jurisdiction and the procedural regime). This revised variation considers the court's start-up arrangements, together with election of judges and prosecutor. It additionally addresses the problems created via U.S. competition, and analyzes a few of the measures taken via Washington to hinder the courtroom. First version Hb (2001): 0-521-80457-4 First version Pb (2001): 0-521-01149-3

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1. Nsereko, ‘The International Criminal Court’, at pp. 91–2. See also Neil Boister, ‘The Exclusion of Treaty Crimes from the Jurisdiction of the Proposed International Criminal Court: Law, Pragmatism, Politics’, (1998) 3 Journal of Armed Conflict Law 27. 32 The attacks of 11 September 2001 revived interest in the incorporation of terrorist crimes within the Statute. Certainly, many so-called terrorist acts will fall within the ambit of crimes against humanity, or war crimes, and perhaps even genocide, as these crimes are defined in the Statute.

Crimes prosecuted by the court 31 as a whole’ and, specifically, to the crime of genocide, crimes against humanity, war crimes and the crime of aggression. A review conference, to be held seven years after the entry into force of the Statute, may consider amendments to the list of crimes contained in Article 5,13 and it is therefore not inconceivable that new offences may be added. 14 Some offences, while theoretically within the subject-matter jurisdiction of the Court, are subject to further decisions and agreements.

By the second anniversary of the adoption of the Statute, fourteen ratifications had 60 61 62 63 Provided for in Art. 9 of the Rome Statute. ‘Elements of Crimes’, ICC-ASP/1/3, pp. 108–55; ‘Rules of Procedure and Evidence’, ICC-ASP/1/3, pp. 10–107. ‘Agreement on the Privileges and Immunities of the International Criminal Court’, ICC-ASP/1/3, pp. 215–32. See Phakiso Mochochoko, ‘The Agreement on Privileges and Immunities in the International Criminal Court’, (2002) 25 Fordham International Law Journal 638.

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