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An Introduction to the International Criminal Court (2004) by William A. Schabas

By William A. Schabas

Because the foreign legal courtroom ushers in a brand new period within the defense of human rights, William Schabas studies the historical past of foreign felony prosecution; the drafting of the Rome Statute of the foreign felony courtroom and the foundations 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 hinder the courtroom. First variation Hb (2001): 0-521-80457-4 First variation Pb (2001): 0-521-01149-3

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Israel did much the same thing on 28 August 2002. 22 introduction to the international criminal court This was only a precursor for more aggressive challenges to the Court. 69 The United States pressured a number of States to reach bilateral agreements whose purpose was to shelter American nationals from the Court. These were made pursuant to Article 98(2) of the Statute, which prevents the Court from proceeding with a request to surrender an accused if this would require the requested State to breach an international agreement that it has made with another State.

17 In the early years of the international criminal court project, difficulties in subsequent definition of aggression led to a suspension of the work of the International Law Commission on the Code of Crimes in 1954. 20 The underlying issue is the fact that Article 39 of the Charter of the United Nations declares that determining situations of aggression is a prerogative of the Security Council. If the Security Council is the arbiter of situations of aggression, would this mean that the Court can only prosecute aggression once the Council has pronounced on the subject?

See generally J. Hogan-Doran and B. T. Van Ginkel, ‘Aggression as a Crime under International Law and the Prosecution of Individuals by the Proposed International Criminal Court’, (1996) 43 Netherlands International Law Review 321; A. Carroll Carpenter, ‘The International Criminal Court and the Crime of Aggression’, (1995) 64 Nordic Journal of International Law 237; Matthias Schuster, ‘The Rome Statute and the Crime of Aggression: A Gordian Knot in Search of a Sword’, (2003) 14 Criminal Law Forum 1; Sylvia A.

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