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

By William A. Schabas

The overseas felony court docket has ushered in a brand new period within the defense of human rights. holding opposed to genocide, crimes opposed to humanity and warfare crimes, the court docket acts whilst nationwide justice platforms are unwilling or not able to take action. Written by means of the major professional within the box, the fourth version of this seminal textual content considers the court docket in motion: its preliminary rulings, circumstances it has prosecuted and circumstances the place it has made up our minds to not continue, resembling Iraq. It additionally examines the result of the assessment convention, wherein the crime of aggression was once extra to the jurisdiction of the courtroom and addresses the political context, akin to the warming of the us to the court docket and the expanding popularity of the inevitability of the establishment

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But it became evident that this was premature. At its 1995 session, the General Assembly decided to convene a ‘Preparatory Committee’, inviting participation by Member States, non-governmental organizations and international organizations of various sorts. 57 It met again in 1997, this time holding three sessions. These were punctuated by informal intersessional meetings, of which the most important was surely that held in Zutphen, in the Netherlands, in January 1998. 59 Few provisions of the original International 56 Report of the Ad Hoc Committee on the Establishment of an International Criminal Court, UN Doc.

52 Situation in the Democratic Republic of the Congo (ICC-01/04), Judgment on the Prosecutor’s Appeal Against the Decision of Pre-Trial Chamber I Entitled ‘Decision on the Prosecutor’s Application for Warrants of Arrest, Article 58’, 13 July 2006, para. 73. Dev eloping a prosecution str ategy 37 The imposition of rigid standards primarily based on top seniority may result in neither retribution nor prevention being achieved. Also the capacity of individuals to prevent crimes in the field should not be implicitly or inadvertently assimilated to the preventive role of the Court more generally.

The overall result of the Court’s activities generally, or as a factor in a specific situation, the preventive role of the Court may depend on many factors, much broader than the capacity of an individual to prevent crimes. 53 The Prosecutor justified his strategic approach to targets by reference to various provisions of the Rome Statute. He noted the references to ‘the most serious crimes of concern to the international community as a whole’ in the preamble and in Article 5. He also pointed to Article 17, which circumscribes the concept of complementarity, and which authorizes the Court to declare inadmissible a case that ‘is not of sufficient gravity to justify further action by the Court’.

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