The International Criminal Court: A Commentary on the Rome Statute

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Oxford University Press, 2010 - Law - 1259 pages
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The International Criminal Court has been operational since mid-2003, following the entry into force of the Rome Statute of the International Criminal Court on July 1, 2002. The Rome Statute is among the most complex international treaties, a combination of public international law, international humanitarian law and criminal law, both international and domestic. The Commentary provides an article-by-article analysis of the Statute. Each of the 128 articles presented is accompanied by a bibliography of academic literature relevant to that provision, an overview of the drafting history of the provision and an analysis of the text. The analytical portion of each chapter draws upon relevant case law from the Court itself, as well as from other international and national criminal tribunals, academic commentary, and the related instruments such as the Elements of Crimes, the Rules of Procedure and Evidence and the Relationship Agreement with the United Nations. Written by a single author, the Commentary avoids duplication and inconsistency, providing a comprehensive presentation to assist those who must understand, interpret and apply the complex provisions of the Rome Statute.
 

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Contents

Abbreviations
xv
Table of Cases
xix
Table of Instruments of the International Criminal Court
xlv
Table of International Instruments
lxv
Historical Introduction
1
PREAMBLE
29
PART 1 ESTABLISHMENT OF THE COURT
55
PART 2 JURISDICTION ADMISSIBILITY AND APPLICABLE LAW
99
PART 6 THE TRIAL
745
PART 7 PENALTIES
889
PART 8 APPEAL AND REVISION
927
PART 9 INTERNATIONAL COOPERATION AND JUDICIAL ASSISTANCE
971
PART 10 ENFORCEMENT
1063
PART 11 ASSEMBLY OF STATES PARTIES
1113
PART 12 FINANCING
1135
PART 13 FINAL CLAUSES
1157

PART 3 GENERAL PRINCIPLES OF CRIMINAL LAW
401
PART 4 COMPOSITION AND ADMINISTRATION OF THE COURT
515
PART 5 INVESTIGATION AND PROSECUTION
653

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About the author (2010)


William A. Schabas is director of the Irish Center for Human Rights at the National University of Ireland, Galway, where he also holds the professorship in human rights law. He is also a Global Legal Scholar at the University of Warwick School of Law, a Visiting Professor at Queen's University Belfast, professeur associe at the Universite du Quebec a Montreal, and a 'door tenant' at 9 Bedford Row, London.
Professor Schabas holds post-graduate degrees in history and in law from universities in Canada. He is the author of eighteen monographs and more than 225 articles dealing with international human rights law and international criminal law. Professor Schabas was a member of the Sierra Leone Truth and Reconciliation Commission. He is an Officer of the Order of Canada and a Member of the Royal Irish Academy.

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