By William A. Schabas
Because the overseas felony courtroom ushers in a brand new period within the safeguard of human rights, William Schabas reports the historical past of overseas legal prosecution; the drafting of the Rome Statute of the overseas legal courtroom 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 by means of U.S. competition, and analyzes a number of the measures taken by way of Washington to hinder the courtroom. First variation 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)
There is debate about whether there should be a list of acts of aggression, much like the lists for the other three crimes in the Statute, and whether or not the list should be exhaustive or merely indicative. Discussions also include suggestions to conﬁne prosecution for the crime of aggression to persons who ‘exercise control over or direct the political or military action of a State’. This would have the consequence of excluding accomplices, for example powerful allies of a small State that might encourage it to attack another country in what could be little more than a proxy war.
Rome Statute, Art. 21(1)(a). 36 introduction to the international criminal court Rome many met it with some suspicion, the idea seemed rather less harmful than many other Washington-based initiatives and it was incorporated in the Statute without great opposition. Fundamentally, the Elements reﬂect the continuing suspicion among States of any degree of judicial discretion. Thus, in addition to prolix deﬁnitions of crimes, the Elements further fetter the possibilities of judicial interpretation.
IT-95-10-A), Partial Dissenting Opinion of Judge Wald, 5 July 2001, para. 1; Prosecutor v. Stakic (Case No. IT-97-29-T), Decision on Rule 98 bis Motion for Judgment of Acquittal, 31 October 2002, para. 22. Sunga, ‘Crimes Within the Jurisdiction’, at pp. 66–8; von Hebel and Robinson, ‘Crimes Within the Jurisdiction’, at pp. 89–90; William A. , Commentary on the Rome Statute of the International Criminal Court: Observers’ Notes, Article by Article, BadenBaden: Nomos Verlagsgesellschaft, 1999, pp.
An Introduction to the International Criminal Court (2004) by William A. Schabas