The Legislative History of the International Criminal Court (2 Vols.): Second Revised and Expanded Edition (International Criminal Law)

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 Covering 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. -- Publisher's Website. Volume 1. [introduction, Analysis, And Integrated Text Of The Statute, Elements Of Crimes, And Rules Of Procedure And Evidence] -- Part I -- Chapter 1. Chronology Of Relevant Historic Dates And Events -- Chapter 2. International Criminal Justice: A Historical Perspective. Introduction; International Investigative And Prosecutorial Bodies From 1919–1994; Establishing A Permanent International Criminal Court: 1937–1989; The 1998 Rome Diplomatic Conference; The Absence Of Legal Method; Post-rome: The Preparatory Commission (1998 To 2002) And Assembly Of States Parties And The Review Conference); Conclusion -- Chapter 3. The Icc’s Nature, Functions, And Mechanisms. Nature Of The Institution; Jurisdictional Mechanisms; Crimes Within The Jurisdiction Of The Icc; Elements Of Criminal Responsibility And Penalties; Applicable Law; Stages Of The Judicial Proceedings; Victims’ Rights; Cooperation And Enforcement Modalities; Organization And Operation Of The Icc; National Implementing Legislation; Ratification, Amendment, And Reviewing The Statute; The Relationship Of The Icc With The United Nations; Conclusion -- Part Ii -- The Rome Statute, Elements Of Crimes, Rules Of Procedure & Evidence, And Regulations Of The Court: Integrated Text. Preamble; 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 State Parties; Part 12. Financial; 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. Volume 2: [an Article-by-article Evolution Of The Statute From 1994–2015] -- Explanatory Note On The Integrated Legislative Text -- Drafts Of The Icc Statute. Introduction; Preamble; Part 1. Establishment Of The Court (articles 1–4); Part 2. Jurisdiction, Admissibility And Applicable Law (articles 5–21); Part 3. General Principles Of Criminal Law (articles 22–33); Part 4. Composition And Administration Of The Court (articles 34–52); Part 5. Investigation And Prosecution (articles 53–61); Part 6. The Trial (articles 62–76); Part 7. Penalties (articles 77–80); Part 8. Appeal And Revision (articles 81–85); Part 9. International Cooperation And Judicial Assistance (articles 86–102); Part 10. Enforcement (articles 103–111); Part 11. Assembly Of State Parties (article 112); Part 12. Financial (articles 113–118); Part 13. Final Clauses (articles 119–128). Edited By M. Cherif Bassiouni And William A. Schabas. Includes Bibliographical References And Index. 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 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. 0This 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. 0Each 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. 0A description of the ICC mechanisms and institutions precedes this article-by-article legislative history. 0Government 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 La 4e de couverture indique : "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." 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{u2019}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 "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 covering 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"--Back cover