The Legislative History of the International Criminal Court: Introduction, Analysis, and Integrated Text (3 Vols)

Neuausgabe 2005
ISBN: 978-1-57105-156-1
Verlag: Brill

Buch, Englisch, Band 18, 1500 Seiten, Format (B × H): 160 mm x 231 mm, Gewicht: 3719 g

Reihe: International and Comparative

This unique work is an article-by-article drafting history of the ICC Statute containing all versions of every article in the Statute as it evolved from 1994 to 1998. It also integrates in the Statute's provisions the "Elements of the Crimes" and the "Rules of Procedure and Evidence" adopted by the preparatory Commission (1998-2000). Other relevant documents are also included, such as those concerning the privileges and immunities and financial regulations of the Court, as well as its relationship with the United Nations.

This documentation constitutes the most comprehensive treatment available of the ICC's applicable law. It also offers an insightful first-hand account of the drafting process both prior to and during the Rome Diplomatic Conference, along with a detailed historical survey of the efforts to establish the ICC.

Each article of the Rome Statute is presented chronologically, along with all its prior versions. These versions comprise the texts transmitted between the Drafting Committee and the Committee of the Whole at the Rome Diplomatic Conference; the text proposed by the 1998 Preparatory Committee on the Establishment of an ICC; the text completed by the Intersessional meeting in Zutphen; the text proposed by the 1995 Ad Hoc Committee on the Establishment of an International Criminal Court; the text proposed by the International Law Commission in 1994. It also contains government proposals made during the 1995-1998 sessions of the Ad Hoc and Preparatory Committees, most of which have not been made public documents. This organization of the legislative history permits the reader to see the complete textual evolution of each article.

A description of the ICC mechanisms and institutions precedes this article-by-article legislative history.

Government officials, judges, practitioners, and scholars seeking to interpret and understand the ICC Statute will find this three-volume publication unmatched for completeness and ease of use.

Published under the Transnational Publishers imprint.

Autoren/Hrsg.

Bassiouni, M. Cherif

Schabas, William A.

Fachgebiete

• Sozialwissenschaften Politikwissenschaft Internationale Beziehungen Internationale Zusammenarbeit (Recht, Kultur, Umwelt etc.)
• Rechtswissenschaften Recht, Rechtswissenschaft Allgemein Rechtsgeschichte, Recht der Antike
• Rechtswissenschaften Internationales Recht und Europarecht Internationales Recht Internationales Strafrecht, Internationales Verfahrensrecht
• Sozialwissenschaften Politikwissenschaft Internationale Beziehungen Internationale Organisationen und Institutionen

Inhaltsverzeichnis

Acknowledgments; About the Editor; Secretary General’s 1998 Letter; Secretary General’s Preface;
Introduction; Photos; Table of Abbreviations; List of Documentation Available; Online;
PART I;
CHAPTER 1 • CHRONOLOGY OF RELEVANT HISTORIC DATES AND EVENTS;
CHAPTER 2 • INTERNATIONAL CRIMINAL JUSTICE IN HISTORICAL PERSPECTIVE;
Introduction;
Section 1. International Investigative and Prosecutorial Bodies from 1919-1994.;
Section 2. Establishing a Permanent International Criminal Court: 1937- 1989;
Section 3. The 1998 Rome Diplomatic Conference;
Section 4. The Absence of Legal Method;
Section 5. Post-Rome: The Preparatory Commission (1998 to 2002) and Assembly of States Parties (2002-2004); Conclusion;
CHAPTER 3 • THE ICC’S NATURE, FUNCTIONS AND MECHANISMS;
Section 1. Nature of the Institution;
Section 2. Jurisdictional Mechanisms;
Section 3. Crimes Within the Jurisdiction of the ICC;
Section 4. Elements of Criminal Responsibility and Penalties;
Section 5. Applicable Law;
Section 6. Stages of the Judicial Proceedings;
Section 7. Victims’ Rights;
Section 8. Cooperation and Enforcement Modalities;
Section 9. Organization and Operation of the ICC;
Section 10. National Implementing Legislation;
Section 11. Ratification, Amendment, and Reviewing the Statute;
Section 12. The Relationship of the ICC with the United Nations;
Conclusion;
PART II;
The Rome Statute, Elements of Crimes, and Rules of Procedure & Evidence: Integrated Text. Regulations of the Court; Bibliography; Appendix 1—Negotiated Relationship Agreement Between the International Criminal Court and the United Nations; Appendix 2—Agreement on the Privileges and Immunities of the of the International Criminal Court; Index.

Über Autor(innen)

Professor Bassiouni was a driving force behind the establishment of the ICC, having advocated it worldwide for the last 30 years. In 1998, he served as Chairman of the Drafting Committee of the United Nations Diplomatic Conference on the Establishment of an International Criminal Court. Prior to that, from 1996 to 1998, he served as Vice-Chairman of the Preparatory Committee on the Establishment of an International Criminal Court and, in 1995, as Vice Chairman of the ad hoc Committee on an International Criminal Court.