By William A. Schabas
Because the overseas felony court docket ushers in a brand new period within the security of human rights, William Schabas studies the background of overseas legal prosecution; the drafting of the Rome Statute of the foreign legal court docket and the rules of its operation (including the scope of its jurisdiction and the procedural regime). This revised version considers the court's start-up arrangements, together with election of judges and prosecutor. It additionally addresses the problems created via U.S. competition, and analyzes a number of the measures taken through Washington to hinder the court docket. First version Hb (2001): 0-521-80457-4 First version Pb (2001): 0-521-01149-3
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Extra resources for An Introduction to the International Criminal Court (2004)
3 The term ‘crimes against peace’ is now replaced by ‘aggression’; while probably not identical, the two terms largely overlap. Although the term ‘genocide’ already existed at the time of the Nuremberg trial, and it was used by the prosecutors, the indictments against Nazi criminals for the genocide of European Jews were based on the charge of ‘crimes against humanity’. But, in contemporary usage, the crime of ‘genocide’ is now subsumed within the broader concept of ‘crimes against humanity’. The deﬁnitions of crimes within the Nuremberg Charter are relatively laconic, and the scope of the four categories of crimes as they are now conceived has evolved considerably since that time.
Van Ginkel, ‘Aggression as a Crime under International Law and the Prosecution of Individuals by the Proposed International Criminal Court’, (1996) 43 Netherlands International Law Review 321; A. Carroll Carpenter, ‘The International Criminal Court and the Crime of Aggression’, (1995) 64 Nordic Journal of International Law 237; Matthias Schuster, ‘The Rome Statute and the Crime of Aggression: A Gordian Knot in Search of a Sword’, (2003) 14 Criminal Law Forum 1; Sylvia A. de Gurmundi Fernandez, ‘The Working Group on Aggression at the Preparatory Commission for the International Criminal Court’, (2002) 25 Fordham International Law Journal 589.
The deﬁnition set out in Article II, although often criticised for being overly restrictive and difﬁcult to apply to many cases of mass killing and atrocity, has stood the test of time. The decision of the Rome Conference to maintain a ﬁfty-yearold text is convincing evidence that Article 6 of the Statute constitutes a codiﬁcation of a customary international norm. Article 6 of the Rome Statute, and Article II of the Genocide Convention, deﬁne genocide as ﬁve speciﬁc acts committed with the intent to destroy a national, ethnical, racial or religious group as such.
An Introduction to the International Criminal Court (2004) by William A. Schabas