The creation of the International Criminal Court (ICC) in 1998 represented an important step in the international effort to repress genocide, war crimes and crimes against humanity. As there has been enormous scholarly discussion of the ICC, it is difficult and time-consuming to obtain the best writing on the subject. This volume collects the foremost analyses of each part of the ICC to form a convenient reference tool for all those wishing to understand perhaps the most important legal development of the past two decades.
Contents: The International Criminal Court: The birth of the International Criminal Court: the 1998 Rome conference, Philippe Kirsch and John T. Holmes; The statute of the International Criminal Court: some preliminary reflections, Antonio Cassese ; The International Criminal Court: the secret of its success, William A. Schabas. The Substantive Law of the International Criminal Court: The Jelisic case and the mens rea of the crime of genocide, William A. Schabas; Genocide: its particular intent to destroy in whole or in part the group as such, Otto Triffterer; Defining 'crimes against humanity' at the Rome conference, Darryl Robinson; War crimes issues before the Rome diplomatic conference on the establishment of an international criminal court, Thomas Graditzky; General principles of criminal law in the Rome statute, Kai Ambos; Superior orders and the International Criminal court: justice delivered or justice denied, Charles Garraway. Jurisdiction and Admissibility: Jurisdiction and cooperation in the statute of the International Criminal Court: principles and compromises, Hans-Peter Kaul and Claus Kreß; The jurisdiction of the International Criminal Court over nationals of non-parties: legal basis and limits, Dapo Akande; Complementarity: national courts versus the ICC, John T. Holmes. Operation of the Court: The surrender of war criminals to the International Criminal Court, Göran Sluiter; Immunities, related problems, and Article 98 of the Rome statute, Steffen Wirth; Occasional remarks on certain state concerns about the jurisdictional reach of the International Criminal Court and their possible implications for the relationship between the Court and the Security council, Morten Bergsmo; The rules of procedure and evidence of the International Criminal Court, Silvia A. Fernández de Gurmendi and Håkan Friman. Perspectives on the Future: The amnesty exception to the jurisdiction of the International Criminal Court, Michael P. Scharf; The risks and the weaknes