Titel: The Rome Statute for an International Criminal Court: A Commentary
Autor/en: Paola Gaeta, John R. W. D. Jones
Herausgegeben von Antonio Cassese
OXFORD UNIV PR
September 2002 - gebunden - 2355 Seiten
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.
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; THE TEXT OF THE ROME STATUTE OF THE INTERNATIONAL CRIMINAL COURT; Rules of Procedure and Evidence; Elements of the Crimes
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
... a quite remarkable collection of essays ... The calibre of the authors is impressive. Australian Year Book of International Law ... a tremendous achievement. European Journal of International Law The book is impressive in every respect ... the list of contributors reads like a 'Who's Who' of International Criminal Law. European Journal of International Law ... the scholarly and practical importance of a work such as this - particularly for the eventual practitioners of the ICC - cannot be underestimated. It will surely withstand the tests of time and use as an indispensable standard reference work on the interpretation of the Statute. Legal Studies Throughout, the standard of writing and research is extremely high; the widest possible array of sources is cited and very few, if any, legal stones are left unturned. Legal Studies The thoroughness with which this project has been undertaken and the eminence of the contributors should ensure that this book will become a bible to a broad spectrum of academics and practitioners with an interest in this field. Law Quarterly Review The Rome Statute is not, and is not intended to be, the final word on individual liability at an international level. In drawing together the existing strands of jurisprudence in this area, this book provides an invaluable resource which should assist in a rational development of the law in the future. Law Quarterly Review ... seminal ... will without doubt become standard reading for practitioners and regular holdings at law libraries around the world. German Yearbook of International Law ... impressive ... essential for the shelves of any forward-thinking criminal practitioner. John Cooper, The Times