The Rome Statute of the International Criminal Court: A Commentary
Online ISBN:
9780191773280
Print ISBN:
9780198298625
Publisher:
Oxford University Press
Book
The Rome Statute of the International Criminal Court: A Commentary
Antonio Cassese (ed.),
Antonio Cassese
(ed.)
Professor of International Law, University of Florence; former President of the ICTY (1993-97); former presiding Judge, ICTY Trial Chamber II (1997-2000); Member of the Institut de droit international; Member of the Italian Delegation to the Geneva Diplomatic Conference on Humanitarian Law (1974-77).
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Paola Gaeta (ed.),
Paola Gaeta
(ed.)
Ph.D., European University Institute; Associate Professor of International Law, University of Florence; former Legal Assistant, ICTY.
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John RWD Jones (ed.)
John RWD Jones
(ed.)
MA (Oxon), MA in Law, LLM; Barrister and Member of the Bar of the District of Columbia; Charter Chambers, London; former Legal Officer at the ICTY and ICTR and Chef de Cabinet of the ICTY President; currently Defence Counsel, ICTY.
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Published:
25 July 2002
Online ISBN:
9780191773280
Print ISBN:
9780198298625
Publisher:
Oxford University Press
Cite
Cassese, Antonio, Paola Gaeta, and John RWD Jones (eds), The Rome Statute of the International Criminal Court: A Commentary (2002; online edn, Oxford Academic), https://doi.org/10.1093/law/9780198298625.001.0001, accessed 4 May 2025.
Keywords:
International Law Commission, United Nations General Assembly, United Nations Security Council, International Criminal Court, International Criminal Tribunal for Rwanda, International Criminal Tribunal for the Former Yugoslavia, Admissibility, Jurisdiction, International courts and tribunals, decisions, International courts and tribunals, procedure
Contents
-
Front Matter
-
Volume I
-
Section 1 The Path to Rome and Beyond
-
1
From Nuremberg to Rome: International Military Tribunals to the International Criminal Court
Antonio Cassese
-
2 Drafting History and Further Developments
-
2.1
The Work of the International Law Commission
James Crawford
-
2.2
From the International Law Commission to the Rome Conference (1994–1998)
Adriaan Bos
-
2.3
Reaching Agreement at the Rome Conference
Philippe Kirsch andDarryl Robinson
-
2.4
The Post-Rome Conference Preparatory Commission
Philippe Kirsch andValerie Oosterveld
-
2.5
The Role of Non-Governmental Organizations
William R Pace andJennifer Schense
-
2.1
The Work of the International Law Commission
-
3
Entry into Force and Amendment of the Statute
Alain Pellet
-
1
From Nuremberg to Rome: International Military Tribunals to the International Criminal Court
-
Section 2 Structure of the ICC
-
Section 3 Jurisdiction
-
11 Jurisdiction Ratione Materiae
-
12
Jurisdiction Ratione Personae
Micaela Frulli
-
13
Jurisdiction Ratione Temporis
Stéphane Bourgon
-
14
Jurisdiction Ratione Loci
Stéphane Bourgon
-
15
Can the Security Council Extend the ICC’s Jurisdiction?
Luigi Condorelli andSantiago Villalpando
-
16
Preconditions to the Exercise of Jurisdiction
Hans-Peter Kaul
-
17 ‘Trigger Mechanisms’
-
18 Issues of Admissibility and Jurisdiction
-
18.1
Complementarity: National Courts versus the ICC
John T Holmes
-
18.2
Possible Conflicts of Jurisdiction with the Ad Hoc International Tribunals
Michael Bohlander
-
18.3
Possible Conflicts of Jurisdiction with Truth Commissions
John Dugard
-
18.4
Ne bis in idem Principle, Including the Issue of Amnesty
Christine Van den Wyngaert andTom Ongena
-
18.1
Complementarity: National Courts versus the ICC
-
-
Section 4 General Principles of International Criminal Law
-
19
Nullum Crimen, Nulla Poena Sine Lege in International Criminal Law
Susan Lamb
-
20
Individual Criminal Responsibility
Albin Eser
-
21
Superior Responsibility
Kai Ambos
-
22
Non-Applicability of Statute of Limitations
Christine Van den Wyngaert andJohn Dugard
-
23
Mental Elements–Mistake of Fact and Mistake of Law
Albin Eser
-
24 Defences
-
19
Nullum Crimen, Nulla Poena Sine Lege in International Criminal Law
-
-
Volume II
-
Section 5 The Statute and General International Law
-
Section 6 International Criminal Proceedings
-
28
The Rules of Procedure and Evidence for the International Criminal Court: A New Development in International Adjudication of Individual Criminal Responsibility
Fabricio Guariglia
-
29 Investigation
-
30 Pre-Trial Proceedings
-
31 Trial Proceedings
-
32
The Status and Role of the Victim
Claude Jorda andJérôme Hemptinne
-
33
The Role of the Defence
Steven Kay andBert Swart
-
34
Accusatorial v. Inquisitorial Approach in International Criminal Proceedings Prior to the Establishment of the ICC and in the Proceedings Before the ICC
Alphons Orie
-
35
Penalties
William A Schabas
-
36
The Appeal Procedure of the ICC
Robert Roth andMarc Henzelin
-
37
Revision Procedure under the ICC Statute
Anne-Marie La Rosa
-
38
Compensation to an Arrested or Convicted Person
Salvatore Zappalà
-
28
The Rules of Procedure and Evidence for the International Criminal Court: A New Development in International Adjudication of Individual Criminal Responsibility
-
Section 7 International Cooperation and Judicial Assistance
-
Section 8 Enforcement
-
Section 9 Application and Impact of the Rome Statute
-
Section 10 Final Analysis and Suggestions
-
-
End Matter
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