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The International Criminal Court has been operational since mid-2003, following the entry into force of the Rome Statute of the International Criminal Court on July 1, 2002. The Rome Statute is among the most complex international treaties, a combination of public international law, international humanitarian law and criminal law, both international and domestic. The Commentary provides an article-by-article analysis of the Statute. Each of the 128 articles presented is accompanied by a bibliography of academic literature relevant to that provision, an overview of the drafting history of the provision and an analysis of the text. The analytical portion of each chapter draws upon relevant case law from the Court itself, as well as from other international and national criminal tribunals, academic commentary, and the related instruments such as the Elements of Crimes, the Rules of Procedure and Evidence and the Relationship Agreement with the United Nations. Written by a single author, the Commentary avoids duplication and inconsistency, providing a comprehensive presentation to assist those who must understand, interpret and apply the complex provisions of the Rome Statute.
- Sales Rank: #2673144 in Books
- Published on: 2010-05-06
- Original language: English
- Number of items: 1
- Dimensions: 6.80" h x 2.60" w x 9.80" l, 4.80 pounds
- Binding: Hardcover
- 1259 pages
Review
The author is a well-known and distinguished writer in the field of International Criminal law who has demonstrated both in his other writings, as well as in this book, a particular attention to specificity. The advantage of a single-author commentary is continuity and consistency in the approach and method of analysis. Because of his involvement in the negotiating stages of the statute and his continued following up on the developments which have occurred since 1998, this book is likely to give the reader a much clearer understanding as well as a more in-depth analysis of the ICC Statute. It is, therefore, likely to become the basic reference on the subject. M. Cherif Bassiouni Professor Schabas has long been recognised as a leading publicist in the field of International Criminal Law. His work has always been eagerly awaited by practitioners and academics alike. His latest Commentary does not disappoint. It references the travaux preparatoires of the Rome Statute, other commentaries, monographs and leading articles to which he adds to own, sometimes trenchant, views, insights and analysis. The work discloses a practical understanding of the application of the Rome Statute and the workings of the Court, as well as the essential academic perspective. The latest case law from the ICC is comprehensively cited and reviewed in a most accessible and readable manner. This work constitutes a major contribution to the area and will be welcomed by all involved in it. Karim Khan, Barrister and Editor of Archbold: International Criminal Courts Through this book Schabas provides a comprehensive and detailed analysis of the articles of the Rome Statute. He combines an easily readable style with a complex analysis of the text of the article itself, the Elements of Crimes and the Rules of Procedure, relevant case law and opinions and writings of other scholars. Undoubtedly, this book (and other high-quality scholarly work) on the ICC Statute will be helpful to the practitioners at the Court in choosing the correct interpretation. Gentian Zyberi, www.internationallawobserver.eu
About the Author
William A. Schabas is director of the Irish Center for Human Rights at the National University of Ireland, Galway, where he also holds the professorship in human rights law. He is also a Global Legal Scholar at the University of Warwick School of Law, a Visiting Professor at Queen's University Belfast, professeur associé at the Université du Québec à Montréal, and a 'door tenant' at 9 Bedford Row, London.
Professor Schabas holds post-graduate degrees in history and in law from universities in Canada. He is the author of eighteen monographs and more than 225 articles dealing with international human rights law and international criminal law. Professor Schabas was a member of the Sierra Leone Truth and Reconciliation Commission. He is an Officer of the Order of Canada and a Member of the Royal Irish Academy.
Most helpful customer reviews
2 of 2 people found the following review helpful.
Untimely Publication, yet Albeit Useful
By hinsw9942
This magnum opus on the Rome Statue of the International Criminal Court makes an excellent addition to the international law libraries of any scholar on the subject. His commentary and analysis of the individual pieces of the Statute provide a perfect foundation for the understanding of the structure and function of the Court, its jurisdiction, and its activities.
The only shame is the fact that the volume went to press at the same time that the Review Conference of the Rome Statute was taking place in Kampala, Uganda, from 31 May to 11 June in 2010. One of the more notable results of that conference was the inclusion of a definition of "crimes of aggression," something that had yet to be determined at the time of this volume's publication.
Luckily, a second edition would be much in order, and I hope that William Schabas is furiously working on it as we speak. However, this volume, considered in concert with a newer edition of the Rome Statute and the papers from the Review Conference in 2010, works for the time being.
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