An Introduction to the International Criminal Court (2004) by William A. Schabas

By William A. Schabas

Because the foreign felony courtroom ushers in a brand new period within the safety of human rights, William Schabas studies the heritage of foreign felony prosecution; the drafting of the Rome Statute of the foreign felony court docket 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 way of U.S. competition, and analyzes some of the measures taken via Washington to impede the court docket. First variation Hb (2001): 0-521-80457-4 First version Pb (2001): 0-521-01149-3

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The United States tried unsuccessfully to rally opposition, convening a meeting of what it had assessed as ‘waverers’. Indeed, hopes that the draft statute might be adopted by consensus at the final session were dashed when the United States exercised its right to demand that a vote be taken. The result was 120 in favour, with twenty-one abstentions and seven votes against. The vote was not taken by roll call, and only the declarations made by States themselves indicate who voted for what. 56 Among the abstainers were several Arab and Islamic States, as well as a number of delegations from the Commonwealth Caribbean.

Hogan-Doran and B. T. Van Ginkel, ‘Aggression as a Crime under International Law and the Prosecution of Individuals by the Proposed International Criminal Court’, (1996) 43 Netherlands International Law Review 321; A. Carroll Carpenter, ‘The International Criminal Court and the Crime of Aggression’, (1995) 64 Nordic Journal of International Law 237; Matthias Schuster, ‘The Rome Statute and the Crime of Aggression: A Gordian Knot in Search of a Sword’, (2003) 14 Criminal Law Forum 1; Sylvia A. de Gurmundi Fernandez, ‘The Working Group on Aggression at the Preparatory Commission for the International Criminal Court’, (2002) 25 Fordham International Law Journal 589.

Case No. IT-95-16-T), Judgment, 14 January 2000; Prosecutor v. Tadic (Case No. IT-94-1-A and IT-94-1-Abis), Judgment in Sentencing Appeals, 26 January 2000; Prosecutor v. Furundzija (Case No. IT-96-17/1-A), Judgment, 17 July 2000. crimes prosecuted by the court 31 as a whole’ and, specifically, to the crime of genocide, crimes against humanity, war crimes and the crime of aggression. A review conference, to be held seven years after the entry into force of the Statute, may consider amendments to the list of crimes contained in Article 5,13 and it is therefore not inconceivable that new offences may be added.

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