An introduction to the International Criminal Court / William A. Schabas.

Format:

Book

Author/Creator:

Schabas, William, 1950- author.

Language:

English

Subjects (All):

International Criminal Court.

International criminal courts.

Physical Description:

1 online resource (xiii, 548 pages) : digital, PDF file(s)

Edition:

Third edition.

Place of Publication:

Cambridge : Cambridge University Press, 2007.

System Details:

text file

PDF

Summary:

The International Criminal Court has ushered in a new era in the protection of human rights. Protecting against genocide, crimes against humanity and war crimes, the Court acts when national justice systems are unwilling or unable to do so. This third edition of this seminal text on the Court considers it in action: its initial rulings by the Pre-Trial Chambers and the Appeals Chamber and those cases it is prosecuting as well as those where it had decided not to proceed, such as Iraq. It also explores the law of the Court up to and including its ruling on a confirmation hearing. It addresses the political context of the court, such as the difficulties created by US opposition and the increasing recognition of the inevitability of the institution. Written by the leading expert in the field, this text is essential reading for any student of the Court and its workings.

Contents:

1 Creation of the Court 1

The Nuremberg and Tokyo trials 5

The International Law Commission 8

The ad hoc tribunals 11

Drafting of the Rome Statute 15

2 The Court becomes operational 22

United States opposition 24

Developing a prosecution strategy 32

Uganda and the Lord's Resistance Army 36

Democratic Republic of Congo and the Lubanga case 42

Darfur referred by the Security Council 47

Other situations 51

3 Jurisdiction 58

Temporal (ratione temporis) jurisdiction 65

Personal (ratione personae) jurisdiction 71

Territorial (ratione loci) jurisdiction 75

Acceptance of jurisdiction by a non-party State 78

Subject-matter (ratione materiae) jurisdiction 82

Genocide 91

Crimes against humanity 98

War crimes 112

Aggression 133

Other offences 140

4 Triggering the jurisdiction 141

State Party referral 143

Security Council referral 151

Proprio motu authority of the Prosecutor 159

Security Council deferral 166

5 Admissibility 171

Complementarity 174

Gravity 186

Ne bis in idem 191

6 General principles of criminal law 194

Sources of law 194

Interpreting the Rome Statute 200

Presumption of innocence 203

Rights of the accused 205

Individual criminal responsibility 210

Responsibility of commanders and other superiors 219

Mens rea or mental element 223

Defences 226

Statutory limitation 233

7 Investigation and pre-trial procedure 235

Initiation of an investigation 239

Investigation 248

Arrest and surrender 257

Appearance before the Court and interim release 269

Confirmation hearing 273

Rulings on jurisdiction and admissibility 278

Preparation for trial 282

8 Trial and appeal 285

Presence at trial 287

Defence and right to counsel 290

Guilty plea procedure 292

Evidence 294

Decision 301

Sentencing procedure 304

Appeal and revision 306

9 Punishment 312

Available penalties 316

Enforcement 320

10 Victims of crimes and their concerns 323

Victim participation in proceedings 328

Protective measures 333

Reparations for victims 337

Institutions for victims 338

11 Structure and administration of the Court 342

Headquarters in The Hague 342

Relationship with the United Nations 344

The Presidency 345

The Chambers 346

Office of the Prosecutor 351

The Registry 356

Coordination Council 357

Advisory Committee on Legal Texts 357

Detention Unit 358

Outreach 359

Defence bar 361

Assembly of States Parties 365

Review Conference 366

Friends of the Court 367

Privileges and immunities 367

Languages 369

Funding 370

Settlement of disputes 371

Reservations 372

Amendment 375

Signature, ratification, approval and accession 377

Authentic texts 378

Appendix 1 Rome Statute 381

Appendix 2 States Parties and signatories 465

Appendix 3 Declarations and reservations 470

Appendix 4 Objections 482

Appendix 5 Judges of the Court 487.

Notes:

Title from publisher's bibliographic system (viewed on 05 Oct 2015).

Other Format:

Print version:

ISBN:

9780511801440

Access Restriction:

Restricted for use by site license.