By William A. Schabas
Because the overseas legal court docket ushers in a brand new period within the safety of human rights, William Schabas studies the background of foreign felony prosecution; the drafting of the Rome Statute of the foreign felony court docket and the foundations 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 impede the court docket. First version 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)
62 The Preparatory Commission held ten sessions, concluding its work in July 2002 just as the Statute was entering into force, although it did not formally dissolve until September 2002. The Statute required sixty ratiﬁcations or accessions for entry into force. The date of entry into force – 1 July 2002 – is an important one, if only because the Court cannot prosecute crimes committed prior to entry into force. Entry into force also began the real formalities of establishing the Court, such as the election of judges and Prosecutor.
There are suggestions, within customary international law, the case law of international tribunals and the Statute itself, that even among these ‘most serious crimes’, some are more serious than others. It might be argued that war crimes are less important than both genocide and crimes against humanity because Article 124 of the Statute allows States to ‘opt out’ temporarily of jurisdiction for war crimes at the time of ratiﬁcation. Also, two of the defences that are codiﬁed by the Statute, superior orders and defence of property,10 are admissible only in the case of war crimes, implying that justiﬁcation may exist for war crimes where it can never exist for genocide and crimes against humanity.
Suspense mounted in the ﬁnal week, with Kirsch promising a ﬁnal proposal that in fact he only issued on the morning of 17 July, the day the Conference was scheduled to conclude. By then it was too late for any changes. Like a skilled blackjack player, Kirsch had carefully counted his cards, yet he had no guarantee that his proposal might not meet unexpected opposition and lead, inexorably, to the collapse of the negotiations. Throughout the ﬁnal day of the Conference delegates expressed their support for the ‘package’, and resisted any attempts to alter or adjust it out of fear that the entire compromise might unravel.