This volume presents an overview of the principal features of the legacy of International Tribunals and an assessment of their impact on the International Criminal Court and on the review process of the Rome Statute. It illustrates the foundation of a system of international criminal law and justice through the case-law and practices of the UN ad hoc tribunals and other internationally assisted tribunals and courts. These examples provide advice for possible future developments in international criminal procedure and law, with particular reference to their impact on the ICC and on national jurisdictions. The review process of the Rome Statute is approached as a step of a review process to provide a perspective of the developments in the field since the Statute’s adoption in 1998.

Contents: Foreword; Preface; Part I Introduction: Section I Steps in History: The establishment of a system of international criminal justice, Roberto Bellelli; Section II The Experience of the UN Tribunals and their Completion Strategies: The international criminal tribunal for the former Yugoslavia, Fausto Pocar; The international criminal tribunal for Rwanda, Erik Møse; The special court for Sierra Leone, Renate Winter. Part II Investigation and Prosecution: Reflections based on the ICTY's experience, Carla Del Ponte; Challenges related to investigation and prosecution at the International Criminal Court, Fatou Bensouda; The early experience of the extraordinary chambers in the courts of Cambodia, Chea Leang and William Smith. Part III Jurisdiction and Case Law: Preamble; Section I Jurisdiction over International Crimes: The history and the evolution of the notion of international crimes, Paola Gaeta; Concurrent jurisdictions between primacy and complementarity, Flavia Lattanzi; Obligation to cooperate and duty to implement, Roberto Bellelli; Addressing the impunity gap through cooperation, Nicola Piacente; Section II Select Practice: Genocide case law at the ICTY, Susanne Malmström; Crimes against humanity in the former Yugoslavia, B. Don Taylor III; War crimes at the ICTY: jurisdictional and substantive issues, Guido Acquaviva; Gender-based violence offences and crimes against children at the SCSL, Renate Winter and Stephen Kostas; The war crimes chamber in the court of Bosnia and Herzegovina, Melika Murtezic. Part IV The ICC and its Future: Section I The Review Conference: The object of review mechanisms: statutes' provisions, elements of crimes and rules of procedure and evidence, Otto Triffterer; Universality: momentum and consensus, Jürg Lindenmann; The law of statute and its practice before the review conference, Roberto Bellelli; Appearance of witnesses and unavailability of subpoena powers for the court, Göran Sluiter; Implementing international humanitarian law through the Rome statute, Anne-Marie La Rosa and Gabriel Chavez Tafur; The 'weapons provision' and its annex: the Belgian proposal, Roger S. Clark; Section II The Crime of Aggression: State responsibility for acts of aggression under the United Nations Charter: review of cases, Edoardo Greppi; Individual responsibility for the crime of aggression, Muhammed Aziz Shukri; National legislation on individual responsibility for conduct amounting to aggression, Astrid Reisinger Coracini; The crime of aggression before the first review of the ICC statute, Claus Kreß; The crime of aggression and complementarity, Pål Wrange; A pragmatic approach to the crime of aggression, David Scheffer; Against the odds: the results of the special working group on the crime of aggression, Stefan Barriga; Index.

About the Editor: Currently, Judge-Legal Adviser to the Embassy of Italy in The Hague, National Focal Point for the ICC. Italian delegate for the ICC since the Rome Diplomatic Conference in 1998, and at all PrepCom and ASP sessions. Formerly, President of the Military Tribunal in Turin, Legal Adviser for International Criminal Law to the Italian Ministry of Foreign Affairs (1997-2007), and member of all National Commissions for the implementation of the Rome Statute.

Reviews: 'The International Criminal Court has become the most important subject in international criminal law literature. This book gathers the views and insights of a remarkable group of distinguished scholars and practitioners, whose experience is best placed to lead through the legal and practical achievements and challenges of international criminal justice, adding a new dimension to the understanding of the ICC, its workings and perspectives.'
Cherif Bassiouni, De Paul University Chicago, USA and ISISC, Siracusa, Italy

'Judge Bellelli has assembled an impressive group of judges, scholars, and practitioners in the field of international criminal law. This book is essential reading for anyone seeking to grasp developments in the practice of international criminal justice and how these could influence the application and review of the Rome Statute, including the adoption of a definition for the crime of aggression.'
Judge Patrick Robinson, ICTY, The Netherlands

'…provides a quite dynamic consideration of major issues that constitute the basis of international criminal tribunals.'
Cambrian Law Review

This title is also available as an ebook, ISBN 978-1-4094-0268-8

Visit the Conference on International Criminal Justice website

Extracts from this title are available to view:

Full contents list

Preface

Index