The Rome Statute of the International Criminal Court A Commentary

These volumes offer an opportunity to revisit the whole of international criminal law. It appraises the contribution made to international criminal law by post-World War II national criminal courts and tribunals, and it makes a critical assessment of the Rome Statute as a viable working tool for international criminal justice.

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 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. Antonio Cassese is the Editor of the Journal of International Criminal Justice. To read sample articles from the journal visit: www.jicj.oupjournals.org

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 Defence
34 - Accusatorial versus Inquisitorial Approach in International Criminal Proceedings
35 - Penalties
36 - The Appeal Procedure of the ICC
37 - Revision Procedure under the ICC Statute
38 - Compensation to an Arrested or Convicted Person
39 - General Problems
40 - The Obligation to Cooperate
41 - Arrest and Surrender
42 - Other Forms of Cooperation
43 - Preliminary Remarks
44 - Imprisonment
45 - Fines and Forfeiture Orders
46 - Settlement of Disputes
47 - The Rome Statute and its Impact on National Law
48 - ICC Statute and Third States
49 - The Rome Statute: A Tentative Assessment
50 - The ICC and the Interaction of International and National Legal Systems
51 - International Criminal Justice: From Dusk to Dawn

Judge Antonio Cassese is Professor of International Law at Florence University, Former President of the International Criminal Tribunal for the former Yugoslavia, and former Presiding Judge of Trial Chamber II, member of the Institut de droit international. Paola Gaeta is Associate Professor of International Law, Florence University John R.W.D. Jones is a Barrister at Charter Chambers, London