The Legislative History of the International Criminal Court

Volume 1
Contents
Acknowledgments
About the Editors
Secretary-General’s 1998 Letter
Preface to the First Edition by the United Nations Secretary-General
Introduction
Photos
Table of Abbreviations
Part 1
	Chapter 1 Chronology of Relevant Historic Dates and Events
	Chapter 2 International Criminal Justice: A Historical Perspective
		Introduction
		Section 1 International Investigative and Prosecutorial Bodies: 1919–1994
		Section 2 Establishing a Permanent International Criminal Court: 1937–1998
			2.1 The Period of Slow Progress: 1937–1989
			2.2 Rapidly Changing Times: 1989–1998
			2.3 1995–1998: Preparing the Draft ICC Statute
			2.4 Informal Inter-Sessional Meetings
			2.5 The ‘Like-Minded States’
			2.6 The NGO Community
		Section 3 The 1998 Rome Diplomatic Conference
			3.1 Introduction
			3.2 Setting the Stage for the Conference
			3.3 The Diplomatic Conference’s Beginnings
			3.4 The Flow of Texts to the Drafting Committee
			3.5 The Negotiating Process
			3.6 The Final Stage
		Section 4 The Absence of Legal Method
			4.1 Deference to National Sovereignty and the Problems of National Implementing Legislation
		Section 5 Post-Rome: The Preparatory Commission (1998–2002) and Assembly of States Parties and the Review Conference
			5.1 The Preparatory Commission: 1998–2002
			5.2 The Assembly of States Parties
			5.3 The Kampala Review Conference
		Conclusion
	Chapter 3 The ICC’s Nature, Functions, and Mechanisms
		Section 1 Nature of the Institution
			1.1 Characteristics
			1.2 The Subjects of the ICC
			1.3 Prospective Jurisdiction
		Section 2 Jurisdictional Mechanisms
			2.1 Particularities of the ICC’s Jurisdiction
			2.2 Referral of a ‘Situation’
			2.3 Complementarity: The ICC and National Legal Systems
			2.4 Jurisdictional Bases and Preconditions to the Exercise of Jurisdiction
			2.5 Admissibility
			2.6 Jurisdiction of the ICC over Nationals of Non-Party States
			2.7 The Security Council’s Jurisdictional Role
			2.8 The Article 98 Jurisdictional Exception
			2.9 Jurisdictional Issues and Other Obligations under International Law
			2.10 Settlement of Jurisdictional Conflicts
		Section 3 Crimes within the Jurisdiction of the ICC
			3.1 Genocide
			3.2 Crimes against Humanity
			3.3 War Crimes
			3.4 The Crime of Aggression
			3.5 Elements of Crimes
			3.6 Other Crimes
		Section 4 Elements of Criminal Responsibility and Penalties
			4.1 Ne bis in idem
			4.2 Penalties and Sentencing
		Section 5 Applicable Law
		Section 6 Stages of the Judicial Proceedings
			6.1 Initiation of the Investigation and Prosecution
			6.2 The Trial
			6.3 The Appeal
			6.4 Procedural Due Process
		Section 7 Victims’ Rights
		Section 8 Cooperation and Enforcement Modalities
			8.1 Overall Character
			8.2 General Nature of the Obligation to Cooperate
			8.3 Exceptions to the Obligation to Cooperate
		Section 9 Organization and Operation of the ICC
			9.1 The Presidency
			9.2 The Court: The Appeals, Trial, and Pre-Trial Divisions
			9.3 The Office of the Prosecutor
			9.4 The Registry
			9.5 The Assembly of States Parties
			9.6 The Seat and Languages of the ICC
		Section 10 National Implementing Legislation
		Section 11 Ratification, Amendment, and Reviewing the Statute
		Section 12 The Relationship of the ICC with the United Nations
		Conclusion
Part 2
	The Rome Statute, Elements of Crimes, Rules of Procedure & Evidence and Regulations of the Court: Integrated Text
	Part 1 Establishment of the Court
	Part 2 Jurisdiction, Admissibility, and Applicable Law
	Part 3 General Principles of Criminal Law
	Part 4 Composition and Administration of the Court
	Part 5 Investigation and Prosecution
	Part 6 The Trial
	Part 7 Penalties
	Part 8 Appeal and Revision
	Part 9 International Cooperation and Judicial Assistance
	Part 10 Enforcement
	Part 11 Assembly of States Parties
	Part 12 Financing
	Part 13 Final Clauses
Bibliography
Appendix 1 – Negotiated Relationship Agreement between the International Criminal Court and the United Nations
Appendix 2 – Agreement on the Privileges and Immunities of the International Criminal Court
Index
Volume 2
Explanatory Note on the Integrated Legislative Text
Drafts of the ICC Statute
	Introduction
	Preamble
	Part 1 Establishment of the Court
		Article 1 The Court
		Article 2 Relationship of the Court with the United Nations
		Article 3 Seat of the Court
		Article 4 Legal Status and Powers of the Court
	Part 2 Jurisdiction, Admissibility and Applicable Law
		Article 5 Crimes within the Jurisdiction of the Court
		Article 6 Genocide
		Article 7 Crimes against Humanity
		Article 8 War Crimes
		Article 8 bis Crime of Aggression
		Article 9 Elements of Crimes
		Article 10
		Article 11 Jurisdiction ratione temporis
		Article 12 Preconditions to the Exercise of Jurisdiction
		Article 13 Exercise of Jurisdiction
		Article 14 Referral of a Situation by a State Party
		Article 15 Prosecutor
		Article 15 bis Exercise of Jurisdiction over the Crime of Aggression
		Article 15 ter Exercise of Jurisdiction over the Crime of Aggression
		Article 16 Deferral of Investigation or Prosecution
		Article 17 Issues of Admissibility
		Article 18 Preliminary Rulings regarding Admissibility
		Article 19 Challenges to the Jurisdiction of the Court or the Admissibility of a Case
		Article 20 Ne bis in idem
		Article 21 Applicable Law
	Part 3 General Principles of Criminal Law
		Article 22 Nullum crimen sine lege
		Article 23 Nulla poena sine lege
		Article 24 Non-retroactivity ratione personae
		Article 25 Individual Criminal Responsibility
		Article 26 Exclusion of Jurisdiction over Persons under Eighteen
		Article 27 Irrelevance of Official Capacity
		Article 28 Responsibility of Commanders and Other Superiors
		Article 29 Non-applicability of Statute of Limitations
		Article 30 Mental Element
		Article 31 Grounds for Excluding Criminal Responsibility
		Article 32 Mistake of Fact or Mistake of Law
		Article 33 Superior Orders and Prescription of Law
	Part 4 Composition and Administration of the Court
		Article 34 Organs of the Court
		Article 35 Service of Judges
		Article 36 Qualifications, Nomination and Election of Judges
		Article 37 Judicial Vacancies
		Article 38 The Presidency
		Article 39 Chambers
		Article 40 Independence of the Judges
		Article 41 Excusing and Disqualification of Judges
		Article 42 The Office of the Prosecutor
		Article 43 The Registry
		Article 44 Staff
		Article 45 Solemn Undertaking
		Article 46 Removal from Office
		Article 47 Disciplinary Measures
		Article 48 Privileges and Immunities
		Article 49 Salaries, Allowances and Expenses
		Article 50 Official and Working Languages
		Article 51 Rules of Procedure and Evidence
		Article 52 Regulations of the Court
	Part 5 Investigation and Prosecution
		Article 53 Initiation of an Investigation
		Article 54 Duties and Powers of the Prosecutor with Respect to Investigations
		Article 55 Rights of Persons during an Investigation
		Article 56 Role of the Pre-Trial Chamber in Relation to a Unique Investigative Opportunity
		Article 57 Functions and Powers of the Pre-Trial Chamber
		Article 58 Issuance by the Pre-Trial Chamber of a Warrant
		Article 59 Arrest Proceedings in the Custodial State
		Article 60 Initial Proceedings before the Court
		Article 61 Confirmation of the Charges before Trial
	Part 6 The Trial
		Article 62 Place of Trial
		Article 63 Trial in the Presence of the Accused
		Article 64 Functions and Powers of the Trial Chamber
		Article 65 Proceedings on an Admission of Guilt
		Article 66 Presumption of Innocence
		Article 67 Rights of the Accused
		Article 68 Protection of the Victims and Witnesses and Their Participation in the Proceedings
		Article 69 Evidence
		Article 70 Offences against the Administration of Justice
		Article 71 Sanctions for Misconduct before the Court
		Article 72 Protection of National Security Information
		Article 73 Third-Party Information or Documents
		Article 74 Requirements for the Decision
		Article 75 Reparations to Victims
		Article 76 Sentencing
	Part 7 Penalties
		Article 77 Applicable Penalties
		Article 78 Determination of the Sentence
		Article 79 Trust Fund
		Article 80 Non-prejudice to National Application of Penalties and National Laws
	Part 8 Appeal and Revision
		Article 81 Appeal against Decision of Acquittal or Conviction or against Sentence
		Article 82 Appeal against Other Decisions
		Article 83 Proceedings on Appeal
		Article 84 Revision of Conviction or Sentence
		Article 85 Compensation to an Arrested or Convicted Person
	PART 9 International Cooperation and Judicial Assistance
		Article 86 General Obligation to Cooperate
		Article 87 Requests for Cooperation: General Provisions
		Article 88 Availability of Procedures under National Law
		Article 89 Surrender of Persons to the Court
		Article 90 Competing Requests
		Article 91 Contents of Request for Arrest and Surrender
		Article 92 Provisional Arrest
		Article 93 Other Forms of Cooperation
		Article 94 Postponement of Execution of a Request in Respect of Ongoing Investigation or Prosecution
		Article 95 Postponement of Execution of a Request in Respect of an Admissibility Challenge
		Article 96 Contents of Request for Other Forms of Assistance under Article 93
		Article 97 Consultations
		Article 98 Cooperation with Respect to Waiver of Immunity and Consent to Surrender
		Article 99 Execution of Requests under Articles 93 and 96
		Article 100 Costs
		Article 101 Rule of Speciality
		Article 102 Use of Terms
	Part 10 Enforcement
		Article 103 Role of States in Enforcement of Sentences of Imprisonment
		Article 104 Change in Designation of State of Enforcement
		Article 105 Enforcement of the Sentence
		Article 106 Supervision of Enforcement of Sentences and Conditions of Imprisonment
		Article 107 Transfer of the Person upon Completion of Sentence
		Article 108 Limitation on the Prosecution or Punishment of Other Offences
		Article 109 Enforcement of Fines and Forfeiture Measures
		Article 110 Review by the Court Concerning Reduction of Sentence
		Article 111 Escape
	Part 11 Assembly of State Parties
		Article 112 Assembly of States Parties
	Part 12 Financial
		Article 113 Financial Regulations
		Article 114 Payment of Expenses
		Article 115 Funds of the Court and of the Assembly of States Parties
		Article 116 Voluntary Contributions
		Article 117 Assessment of Contributions
		Article 118 Annual Audit
	Part 13 Final Clauses
		Article 119 Settlement of Disputes
		Article 120 Reservations
		Article 121 Amendments
		Article 122 Amendments to Provisions of an Institutional Nature
		Article 123 Review of the Statute
		Article 124 Transitional Provision
		Article 125 Signature, Ratification, Acceptance, Approval or Accession
		Article 126 Entry into Force
		Article 127 Withdrawal
		Article 128 Authentic Texts
	Index