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Antonio Cassese was awarded the Wolfgang Friedmann Memorial Award for 2007 for outstanding contributions to the field of international law

The Rome Statute of the International Criminal Court

A Commentary

Professor Antonio Cassese, Professor Paola Gaeta, and Mr John R.W.D. Jones

The Statute for the International Criminal Court is the most important international legal document since the UN Charter
International criminal law is the fastest-growing speciality in international law
Cassese is a former Chief Judge at the Yugoslavia War Crimes Tribunal
Most of the contributors were involved in negotiating and drafting of the Rome Statute
The two-volume set is accompanied by a free volume that includes the English and French text of the Statute, along with other relevant material

Antonio Cassese was awarded the Wolfgang Friedmann Memorial Award for 2007 for outstanding contributions to the field of international law

The Rome Statute of the International Criminal Court

A Commentary

Professor Antonio Cassese, Professor Paola Gaeta, and Mr John R.W.D. Jones

Description

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

Antonio Cassese was awarded the Wolfgang Friedmann Memorial Award for 2007 for outstanding contributions to the field of international law

The Rome Statute of the International Criminal Court

A Commentary

Professor Antonio Cassese, Professor Paola Gaeta, and Mr John R.W.D. Jones

Volume I: 1. The Path to Rome and Beyond1:From Nuremburg to Rome: From Ad Hoc International Criminal Tribunals to the International Criminal Court, Antonio Cassese
2:The 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, QC and Darryl Robinson
2.4:The Post-Rome Conference Preparatory Commission, Philippe Kirsch, QC, and Valerie Oosterveld
2.5:The Role of Non-Governmental Organizations, William R. Pace and Jennifer Schense
3.:Entry into Force and Amendment of the Statute, Alain Pellet
2. Structure of the ICC4.:The Court
4.1:Seat of the Court, Adriaan Bos
4.2:Legal Status and Powers of the Court, Francesca Martines
4.3:Relationship of the Court with the United Nations, Luigi Condorelli and Santiago Villalpando
4.4:Composition of the Court, John R. W. D. Jones
5.:The Office of the Prosecutor, John R. W. D. Jones
6.:The Registry and Staff, John R. W. D. Jones
7.:Duties of Officials, John R. W. D. Jones
8.:Privileges and Immunities, Herve Ascensio
9.:Assembly of States Parties, Adriaan Bos
10:Financing, Mahnoush Arsanjani
3. Jurisdiction11.:Jurisdiction ratione materiae (Subject-Matter Jurisdiction)
11.1:Genocide, Antonio Cassese
11.2:Crimes Against Humanity, Antonio Cassese
11.3:War Crimes, Michael Bothe
11.4:The Long Journey Towards Repressing Aggression, Giorgio Gaja
11.5:Elements of the Crimes, Mauro Politi
11.6:Cumulation of Offences, Susanne Walther
11.7:The Missing Crimes, Patrick Robinson
12:Jurisdiction ratione personae, Micaela Frulli
13:Jurisdiction ratione temporis, Stephane Bourgon
14:Jurisdiction ratione loci, Stephane Bourgon
15:Can the Security Council Extend the ICC's Jurisdiction?, Santiago Villalpando and Luigi Condorelli
16:Preconditions to the Exercise of Jurisdiction, Hans-Peter Kaul
17:`Trigger Mechanisms'
17.1:Referral by State Parties, Philippe Kirsch QC and Darryl Robinson
17.2:Referral and Deferral by the Security Council, Luigi Condorelli and Santiago Villalpando
17.3:Initiation of Proceedings by the Prosecutor, Philippe Kirsch and Darryl Robinson
18:Issues of Admissibility and Jurisdiction
18.1:Complementarity: National Courts versus the ICC, John T. Holmes
18.2:Possible Conflicts of Jurisdiction with 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 and Tom Ongena
4.General Principles of International Criminal Law19: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 and John Dugard
23:Mental Elements - Mistakes of Fact and Law, Albin Eser
24:Defences
24.1:Justifications and Excuses in International Criminal Law, Antonio Cassese
24.2:Superior Orders, Andreas Zimmerman
24.3:Official Capacity and Immunities, Paola Gaeta
24.4:Other Grounds for Excluding Criminal Responsibility, Kai Ambos
Volume II: 5. The Statute and General International Law25:Applicable Law, Alain Pellet
26:International Criminal Responsibility of the Individual and International Responsibility of the State, Pierre Marie Dupuy
27:The Statute's Rules on Crimes and Existing or Developing International Law, Mohamed Bennouna
6. International Criminal Proceedings28:The Rules of Procedure and Evidence - An Overview, Fabricio Guariglia
29:Investigation
29.1:Powers and Duties of the Prosecutor, Giuliano Turone
29.2:Rights of Persons During an Investigation, Salvatore Zappala
30:Pre-Trial Proceedings
30.1:Powers of the Pre-Trial Chambers, Olivier Fourmy
30.2:Proceedings Before the Pre-Trial Chamber, Michele Marchesiello
30.3:Arrest Proceedings in the Custodial State, Bert Swart
31:Trial Proceedings
31.1:Powers of the Trial Chamber, Frank Terrier
31.2:Proceedings before the Trial Chamber, Frank Terrier
31.3:The Rights of the Accused, Salvatore Zappala
31.4:Protection of Victims and Witnesses, John R. W. D. Jones
31.5:Protection of National Security Interests, Peter Malanczuk
32:The Status and Role of the Victim, Claude Jorda and Jerome de Hemptinne
33:The Role of the Defence, Steven Kay QC and Bert Swart
34:Accusatorial versus Inquisitorial Approach in International Criminal Proceedings, Alphons Orie
35:Penalties, William A. Schabas
36:The Appeal Procedure of the ICC, Robert Roth and Marc Henzelin
37:Revision Procedure under the ICC Statute, Anne-Marie La Rosa
38:Compensation to an Arrested or Convicted Person, Salvatore Zappala'
7. International Cooperation and Judicial Assistance39:General Problems, Bert Swart
40:The Obligation to Cooperate, Annalisa Ciampi
41:Arrest and Surrender, Bert Swart
42:Other Forms of Cooperation, Annalisa Ciampi
8. Enforcement43:Preliminary Remarks, Claus Kress and Goran Sluiter
44:Imprisonment, Claus Kress and Goran Sluiter
45:Fines and Forfeiture Orders, Claus Kress and Goran Sluiter
9. Application and Impact of the Rome Statute46:Settlement of Disputes, Alain Pellet
47:The Rome Statute and its Impact on National Law, Darryl Robinson
48:ICC Statute and Third States, Gennady M. Danilenko
10.Final Analysis and Suggestions49:The Rome Statute: A Tentative Assessment, The Board of Editors
50:The ICC and the Interaction of International and National Legal Systems, Mireille Delmas-Marty
51:International Criminal Justice: From Dusk to Dawn, Robert Badinter
Materials VolumeThe Text of the Rome Statute of the International Criminal Court
Rules of Procedure and Evidence
Elements of the Crimes

Antonio Cassese was awarded the Wolfgang Friedmann Memorial Award for 2007 for outstanding contributions to the field of international law

The Rome Statute of the International Criminal Court

A Commentary

Professor Antonio Cassese, Professor Paola Gaeta, and Mr John R.W.D. Jones

Author Information

Professor Antonio Cassese, Professor of International Law, 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, Professor Paola Gaeta, Associate Professor of International Law, Florence University, and Mr John R.W.D. Jones, Barrister at Charter Chambers, London

Contributors:

Kai AMBOS, Louise ARBOUR, Mahnoush ARSANJANI, Hervé ASCENSIO, Mohamed BENNOUNA, Morten BERGSMO, Michael BOHLANDER, Adriaan BOS, Antonio CASSESE, Annalisa CIAMPI, Luigi CONDORELLI, James CRAWFORD, Gennady DANILENKO, John DUGARD, Pierre-Marie DUPUY, Albin ESER, Horst FISCHER, Olivier FOURMY, Paola GAETA. Giorgio GAJA, Fabricio GUARIGLIA, Jerome de HEMPTINNE, John R.W.D. JONES, Claude JORDA, Hans-Peter KAUL, Steven KAY, Philippe KIRSCH, Dr Claus KRESS, Susan LAMB, Anne-Marie LA ROSA, Peter MALANCZUK, Michele MARCHESIELLO, Francesca MARTINES, Tom ONGENA, Alphons ORIE, William PACE, Alain PELLET, Mauro POLITI, Darryl ROBINSON, Patrick ROBINSON, Robert ROTH, William SCHABAS, Goran SLUITER, Bert SWART, Franck TERRIER, Giuliano TURONE, Santiago VILLALPANDO, Dr Susanne WALTHER, Christine Van den WYNGAERT, Salvatore ZAPPALA', Dr Andreas ZIMMERMANN

Antonio Cassese was awarded the Wolfgang Friedmann Memorial Award for 2007 for outstanding contributions to the field of international law

The Rome Statute of the International Criminal Court

A Commentary

Professor Antonio Cassese, Professor Paola Gaeta, and Mr John R.W.D. Jones

Reviews and Awards

"... 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