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. 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.
Author(s): M. Cherif Bassiouni, William A. Schabas (editors)
Series: International criminal law; 9
Edition: 2
Publisher: Brill Nijhoff
Year: 2016
Language: English
Pages: xxxvi+616; x+960
City: Leiden ; Boston
Volume 1
Contents
Acknowledgments
About the Editors
Secretary-General’s 1998 Letter
Preface to the First Edition by the United Nations Secretary-General
Introduction
Photos
Table of Abbreviations
Part 1
Chapter 1 Chronology of Relevant Historic Dates and Events
Chapter 2 International Criminal Justice: A Historical Perspective
Introduction
Section 1 International Investigative and Prosecutorial Bodies: 1919–1994
Section 2 Establishing a Permanent International Criminal Court: 1937–1998
2.1 The Period of Slow Progress: 1937–1989
2.2 Rapidly Changing Times: 1989–1998
2.3 1995–1998: Preparing the Draft ICC Statute
2.4 Informal Inter-Sessional Meetings
2.5 The ‘Like-Minded States’
2.6 The NGO Community
Section 3 The 1998 Rome Diplomatic Conference
3.1 Introduction
3.2 Setting the Stage for the Conference
3.3 The Diplomatic Conference’s Beginnings
3.4 The Flow of Texts to the Drafting Committee
3.5 The Negotiating Process
3.6 The Final Stage
Section 4 The Absence of Legal Method
4.1 Deference to National Sovereignty and the Problems of National Implementing Legislation
Section 5 Post-Rome: The Preparatory Commission (1998–2002) and Assembly of States Parties and the Review Conference
5.1 The Preparatory Commission: 1998–2002
5.2 The Assembly of States Parties
5.3 The Kampala Review Conference
Conclusion
Chapter 3 The ICC’s Nature, Functions, and Mechanisms
Section 1 Nature of the Institution
1.1 Characteristics
1.2 The Subjects of the ICC
1.3 Prospective Jurisdiction
Section 2 Jurisdictional Mechanisms
2.1 Particularities of the ICC’s Jurisdiction
2.2 Referral of a ‘Situation’
2.3 Complementarity: The ICC and National Legal Systems
2.4 Jurisdictional Bases and Preconditions to the Exercise of Jurisdiction
2.5 Admissibility
2.6 Jurisdiction of the ICC over Nationals of Non-Party States
2.7 The Security Council’s Jurisdictional Role
2.8 The Article 98 Jurisdictional Exception
2.9 Jurisdictional Issues and Other Obligations under International Law
2.10 Settlement of Jurisdictional Conflicts
Section 3 Crimes within the Jurisdiction of the ICC
3.1 Genocide
3.2 Crimes against Humanity
3.3 War Crimes
3.4 The Crime of Aggression
3.5 Elements of Crimes
3.6 Other Crimes
Section 4 Elements of Criminal Responsibility and Penalties
4.1 Ne bis in idem
4.2 Penalties and Sentencing
Section 5 Applicable Law
Section 6 Stages of the Judicial Proceedings
6.1 Initiation of the Investigation and Prosecution
6.2 The Trial
6.3 The Appeal
6.4 Procedural Due Process
Section 7 Victims’ Rights
Section 8 Cooperation and Enforcement Modalities
8.1 Overall Character
8.2 General Nature of the Obligation to Cooperate
8.3 Exceptions to the Obligation to Cooperate
Section 9 Organization and Operation of the ICC
9.1 The Presidency
9.2 The Court: The Appeals, Trial, and Pre-Trial Divisions
9.3 The Office of the Prosecutor
9.4 The Registry
9.5 The Assembly of States Parties
9.6 The Seat and Languages 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 2
The Rome Statute, Elements of Crimes, Rules of Procedure & Evidence and Regulations of the Court: Integrated Text
Part 1 Establishment of the Court
Part 2 Jurisdiction, Admissibility, and Applicable Law
Part 3 General Principles of Criminal Law
Part 4 Composition and Administration of the Court
Part 5 Investigation and Prosecution
Part 6 The Trial
Part 7 Penalties
Part 8 Appeal and Revision
Part 9 International Cooperation and Judicial Assistance
Part 10 Enforcement
Part 11 Assembly of States Parties
Part 12 Financing
Part 13 Final Clauses
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
Explanatory Note on the Integrated Legislative Text
Drafts of the ICC Statute
Introduction
Preamble
Part 1 Establishment of the Court
Article 1 The Court
Article 2 Relationship of the Court with the United Nations
Article 3 Seat of the Court
Article 4 Legal Status and Powers of the Court
Part 2 Jurisdiction, Admissibility and Applicable Law
Article 5 Crimes within the Jurisdiction of the Court
Article 6 Genocide
Article 7 Crimes against Humanity
Article 8 War Crimes
Article 8 bis Crime of Aggression
Article 9 Elements of Crimes
Article 10
Article 11 Jurisdiction ratione temporis
Article 12 Preconditions to the Exercise of Jurisdiction
Article 13 Exercise of Jurisdiction
Article 14 Referral of a Situation by a State Party
Article 15 Prosecutor
Article 15 bis Exercise of Jurisdiction over the Crime of Aggression
Article 15 ter Exercise of Jurisdiction over the Crime of Aggression
Article 16 Deferral of Investigation or Prosecution
Article 17 Issues of Admissibility
Article 18 Preliminary Rulings regarding Admissibility
Article 19 Challenges to the Jurisdiction of the Court or the Admissibility of a Case
Article 20 Ne bis in idem
Article 21 Applicable Law
Part 3 General Principles of Criminal Law
Article 22 Nullum crimen sine lege
Article 23 Nulla poena sine lege
Article 24 Non-retroactivity ratione personae
Article 25 Individual Criminal Responsibility
Article 26 Exclusion of Jurisdiction over Persons under Eighteen
Article 27 Irrelevance of Official Capacity
Article 28 Responsibility of Commanders and Other Superiors
Article 29 Non-applicability of Statute of Limitations
Article 30 Mental Element
Article 31 Grounds for Excluding Criminal Responsibility
Article 32 Mistake of Fact or Mistake of Law
Article 33 Superior Orders and Prescription of Law
Part 4 Composition and Administration of the Court
Article 34 Organs of the Court
Article 35 Service of Judges
Article 36 Qualifications, Nomination and Election of Judges
Article 37 Judicial Vacancies
Article 38 The Presidency
Article 39 Chambers
Article 40 Independence of the Judges
Article 41 Excusing and Disqualification of Judges
Article 42 The Office of the Prosecutor
Article 43 The Registry
Article 44 Staff
Article 45 Solemn Undertaking
Article 46 Removal from Office
Article 47 Disciplinary Measures
Article 48 Privileges and Immunities
Article 49 Salaries, Allowances and Expenses
Article 50 Official and Working Languages
Article 51 Rules of Procedure and Evidence
Article 52 Regulations of the Court
Part 5 Investigation and Prosecution
Article 53 Initiation of an Investigation
Article 54 Duties and Powers of the Prosecutor with Respect to Investigations
Article 55 Rights of Persons during an Investigation
Article 56 Role of the Pre-Trial Chamber in Relation to a Unique Investigative Opportunity
Article 57 Functions and Powers of the Pre-Trial Chamber
Article 58 Issuance by the Pre-Trial Chamber of a Warrant
Article 59 Arrest Proceedings in the Custodial State
Article 60 Initial Proceedings before the Court
Article 61 Confirmation of the Charges before Trial
Part 6 The Trial
Article 62 Place of Trial
Article 63 Trial in the Presence of the Accused
Article 64 Functions and Powers of the Trial Chamber
Article 65 Proceedings on an Admission of Guilt
Article 66 Presumption of Innocence
Article 67 Rights of the Accused
Article 68 Protection of the Victims and Witnesses and Their Participation in the Proceedings
Article 69 Evidence
Article 70 Offences against the Administration of Justice
Article 71 Sanctions for Misconduct before the Court
Article 72 Protection of National Security Information
Article 73 Third-Party Information or Documents
Article 74 Requirements for the Decision
Article 75 Reparations to Victims
Article 76 Sentencing
Part 7 Penalties
Article 77 Applicable Penalties
Article 78 Determination of the Sentence
Article 79 Trust Fund
Article 80 Non-prejudice to National Application of Penalties and National Laws
Part 8 Appeal and Revision
Article 81 Appeal against Decision of Acquittal or Conviction or against Sentence
Article 82 Appeal against Other Decisions
Article 83 Proceedings on Appeal
Article 84 Revision of Conviction or Sentence
Article 85 Compensation to an Arrested or Convicted Person
PART 9 International Cooperation and Judicial Assistance
Article 86 General Obligation to Cooperate
Article 87 Requests for Cooperation: General Provisions
Article 88 Availability of Procedures under National Law
Article 89 Surrender of Persons to the Court
Article 90 Competing Requests
Article 91 Contents of Request for Arrest and Surrender
Article 92 Provisional Arrest
Article 93 Other Forms of Cooperation
Article 94 Postponement of Execution of a Request in Respect of Ongoing Investigation or Prosecution
Article 95 Postponement of Execution of a Request in Respect of an Admissibility Challenge
Article 96 Contents of Request for Other Forms of Assistance under Article 93
Article 97 Consultations
Article 98 Cooperation with Respect to Waiver of Immunity and Consent to Surrender
Article 99 Execution of Requests under Articles 93 and 96
Article 100 Costs
Article 101 Rule of Speciality
Article 102 Use of Terms
Part 10 Enforcement
Article 103 Role of States in Enforcement of Sentences of Imprisonment
Article 104 Change in Designation of State of Enforcement
Article 105 Enforcement of the Sentence
Article 106 Supervision of Enforcement of Sentences and Conditions of Imprisonment
Article 107 Transfer of the Person upon Completion of Sentence
Article 108 Limitation on the Prosecution or Punishment of Other Offences
Article 109 Enforcement of Fines and Forfeiture Measures
Article 110 Review by the Court Concerning Reduction of Sentence
Article 111 Escape
Part 11 Assembly of State Parties
Article 112 Assembly of States Parties
Part 12 Financial
Article 113 Financial Regulations
Article 114 Payment of Expenses
Article 115 Funds of the Court and of the Assembly of States Parties
Article 116 Voluntary Contributions
Article 117 Assessment of Contributions
Article 118 Annual Audit
Part 13 Final Clauses
Article 119 Settlement of Disputes
Article 120 Reservations
Article 121 Amendments
Article 122 Amendments to Provisions of an Institutional Nature
Article 123 Review of the Statute
Article 124 Transitional Provision
Article 125 Signature, Ratification, Acceptance, Approval or Accession
Article 126 Entry into Force
Article 127 Withdrawal
Article 128 Authentic Texts
Index
