By William A. Schabas
Because the overseas legal courtroom ushers in a brand new period within the defense of human rights, William Schabas stories the background of foreign felony prosecution; the drafting of the Rome Statute of the overseas legal court docket and the rules of its operation (including the scope of its jurisdiction and the procedural regime). This revised variation considers the court's start-up arrangements, together with election of judges and prosecutor. It additionally addresses the problems created via U.S. competition, and analyzes some of the measures taken by way of Washington to impede the courtroom. First version Hb (2001): 0-521-80457-4 First variation Pb (2001): 0-521-01149-3
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Extra resources for An Introduction to the International Criminal Court (2004)
91–2. See also Neil Boister, ‘The Exclusion of Treaty Crimes from the Jurisdiction of the Proposed International Criminal Court: Law, Pragmatism, Politics’, (1998) 3 Journal of Armed Conﬂict Law 27. 32 The attacks of 11 September 2001 revived interest in the incorporation of terrorist crimes within the Statute. Certainly, many so-called terrorist acts will fall within the ambit of crimes against humanity, or war crimes, and perhaps even genocide, as these crimes are deﬁned in the Statute. 33 Antonio Cassese was somewhat circumspect, observing cautiously that ‘it may happen that states gradually come to share this characterisation .
This feature of the crime necessitated special jurisdictional rules as well as cooperation between States. Similar requirements obtained with respect to the slave trade, trafﬁcking in women and children, trafﬁcking in narcotic drugs, hijacking, terrorism and money-laundering. 2 Crimes of this type are already addressed in a rather sophisticated scheme of international treaties, and for this reason the drafters of the Rome Statute referred to them as ‘treaty crimes’. The crimes over which the International Criminal Court has jurisdiction are ‘international’ not so much because international cooperation is needed for their repression, although this is also true, but because their heinous nature elevates them to a level where they are of ‘concern’ to the international community.
It will be concerned not only with ‘the most serious crimes’ but also with the most serious criminals, generally leaders, organisers and instigators. Lower-level offenders are unlikely to attract the attention of a prosecutor whose energies must be concentrated, if only because of budgetary constraints. Article 17(1)(d) of the Statute says that the Court must declare a case inadmissible if it is not ‘of sufﬁcient gravity’. 9 This does not, of course, mean that a young person of seventeen cannot commit a crime against humanity or a war crime.
An Introduction to the International Criminal Court (2004) by William A. Schabas