The Legislative History of the International Criminal Court (2 vols.)

Second Revised and Expanded Edition

Series:

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) and the Regulations of the Court adopted by the plenary of judges. A description of the ICC mechanisms and institutions precedes this article-by-article legislative history. 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 new edition contains the amendments adopted at the Kampala Conference, amendments to the Rules of Procedure and Evidence and the Regulations of the Court, and references to
relevant case law cover ing the first decade of the Court’s judicial activity. 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.

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

M. Cherif Bassiouni, LL.B., J.D., LL.M., S.J.D., LL.D. Hons. (Multiple), is Emeritus Distinguished Research Professor of Law at DePaul University College of Law, where he taught from 1964-2009 and President of the International Human Rights Law Institute from 1990-2008. He was also President of the International Institute of Higher Studies in Criminal Sciences in Siracusa, Italy, from 1988-2015, as well as the Honorary President of the International Association of Penal Law, based in Paris, France, after having served as President and previously as Secretary-General for thirty years.

Professor William A. Schabas is professor of international law at Middlesex University in London. He is also professor of international human law and human rights at Leiden University, emeritus professor of human rights law at the National University of Ireland Galway and honorary chairman of the Irish Centre for Human Rights, invited visiting scholar at the Paris School of International Affairs (Sciences Politiques), honorary professor at the Chinese Academy of Social Sciences in Beijing, visiting fellow of Kellogg College of the University of Oxford, and professeur associé at the Université du Québec à Montréal.

Review Quotes

‘..., the decision to publish this elucidative work on the legislative history of the ICC is praise-worthy for it provides the reader with all the information necessary to understand the negotiations leading to the ICC and its normative bases. The work is the most comprehensive legislative history to be published on the ICC to date. The separation into three volumes permits the reader to have quick access to whichever topic is of greater interest to him. (…) This book is indeed a valuable resource for academics, practitioners and students of international criminal justice. It will certainly serve as a guideline for those who would be called upon to interpret the Statute.‘

RiLG Prof. Dr. Kai Ambos, Zeitschrift für Internationale Strafrechtsdogmatik, 2007.

‘Several features do make this collection unique. In contrast with other publications, Bassiouni has merged three of the court’s fundamental documents- the 1998 Rome Statute, the Rules of Procedure and Evidence, and the Elements of Crimes- into one integrated document. Therefore, readers benefit from an article-by-article integrated text of the Statute, elements of crimes, and the rules of procedure and evidence. (…)
…the three volumes taken together provide the essential documentary history of the ICC. This is therefore a valuable resource for academics, jurists, historians, and students of international criminal justice, and the collection deserves to find its way onto the shelves of all academic law libraries. ’

Nicole La Violette, Associate Professor, Faculty of Law, University of Ottawa, The Canadian Yearbook of International Law 2005.

Table of contents

Excerpt of Table of Contents
Volume 1: Introduction, Analysis, and Integrated Text of the Statute, Elements of Crimes and Rules of Procedure and Evidence
Acknowledgments;
About the Editors;
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), the Assembly of States Parties and the Kampala Review Conference (2010);
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;
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 International Criminal Court;
Index.

Volume 2: An Article-by-Article Evolution of the Statute From 1994–2015
Acknowledgments;
About the Editors;
Introduction;
Explanatory Note on the Integrated Legislative Text;
Drafts of the ICC Statute;
Introduction;
Part I. Establishment of the Court, Articles 1–4;
Part II. Jurisdiction, Admissibility and Applicable Law, Articles 5–21;
Part III. General Principles of Criminal Law, Articles 22–33;
Part IV. Composition and Administration of the Court, Articles 34–52;
Part V. Investigation and Prosecution, Articles 53–61;
Part VI. The Trial, Articles 62–76;
Part VII. Penalties, Articles 77–80;
Part VIII. Appeal and Revision, Articles 81–85;
Part IX. International Cooperation and Judicial Assistance, Articles 86–102;
Part X. Enforcement, Articles 103–111;
Part XI. Assembly of State Parties, Article 112;
Part XII. Financial, Articles 113–118.

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