By William A. Schabas
Because the foreign felony court docket ushers in a brand new period within the security of human rights, William Schabas experiences the historical past 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 a number of the measures taken through Washington to hinder the court docket. First version Hb (2001): 0-521-80457-4 First variation Pb (2001): 0-521-01149-3
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Extra info for An Introduction to the International Criminal Court (2004)
497–525. For example, Geoffrey Robertson, The Times, 18 September 2001, p. 18; Alain Pellet, Le Monde, 21 September 2001, p. 12. Antonio Cassese, ‘Terrorism is Also Disputing Some Crucial Legal Categories of International Law’, (2001) 12 European Journal of International Law 993 at 995. Pursuant to Art. 9 of the Rome Statute. The Elements of Crimes are published in the report of the ﬁrst session of the Assembly of States Parties: ICC-ASP/1/3, pp. 108–55. 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.
9 This does not, of course, mean that a young person of seventeen cannot commit a crime against humanity or a war crime. Rather, it is a policy decision made by the drafters of the Statute that was driven by considerations about the nature of the accused rather than the nature of the crime. In addition, all of the deﬁnitions of crimes within the jurisdiction of the Court have some form of built-in threshold that will help to focus these decisions and limit the discretion of the Prosecutor. In the case of genocide, the result is achieved by the very high level of dolus specialis or ‘special intent’ that is part of the deﬁnition of the crime.
As Judge Schwebel of the International Court of Justice noted, a Security Council determination of aggression is not a legal assessment but 17 18 19 20 21 ‘Report of the Ad Hoc Committee on the Establishment of an International Criminal Court’, UN Doc. A/50/22, paras. 63–71; ‘Report of the Preparatory Committee on the Establishment of an International Criminal Court’, UN Doc. A/51/22, vol. I, paras. 65–73. GA Res. 3314. See ‘A Historical Review of Developments Relating to Aggression’, UN Doc. 1.
An Introduction to the International Criminal Court (2004) by William A. Schabas