Elements of War Crimes under the Rome Statute of the International Criminal Court: Sources and Commentary

Description

The Elements of War Crimes will assist the International Criminal Court (ICC) in the interpretation and application of the articles of the ICC Statute defining the crimes under its jurisdiction. These will not only be necessary for the future work of the ICC in interpreting the crimes provisions, but also for national courts, which have primary responsibility in the prosecution of international crimes under the Rome Statute. This commentary provides a critical insight into the travaux preparatoires of the Preparatory Commission leading to the adoption of the elements of war crimes. It contains an analysis of existing case law related to each war crime in the Statute. It will provide States, judges, prosecutors and international and national lawyers with key background information to implement international humanitarian law in future cases dealing with war crimes under the ICC. A unique, indispensable tool for prosecuting and defense lawyers working in international criminal law.

Knut Doermann is a legal advisor at the Legal Division of the International Committee of the Red Cross headquarters in Geneva.

'It is ... an extremely helpful resource when dealing with war crime issues even beyond the strict context of the Rome Statute ... given the largely case-oriented and case-based character of international humanitarian law generally and international criminal law in particular, it is quite useful that the book edited by Dormann also contains a table of cases referred to. On the whole, it can be expected that [this book] will end up not only on the desks of those working for the International Criminal Court, namely its judges and those working for the prosecution but will also be a major starting point for every researcher working in the field.' German Yearbook of International Law '... we should be grateful to the authors for bringing the results of their efforts into press. Readers should find the work an excellent reference guide ... is the sort of work that can provide the best introduction to some of the sources available ... The work has much to commend it ... The book is a very welcome addition to the literature in the area ...'. The King's College Law Journal