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The Rome Statute for an International Criminal Court. A Commentary. Edited by Judge Antonio Cassese Editorial Board: Albin Eser, Giorgio.
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Each of the articles is accompanied by an overview of the drafting history as well as a bibliography of academic literature relevant to the provision. 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.

This volume has been well-received in the academic community and has become a trusted reference for those who work at the Court, even judges. The fully updated second edition of The International Criminal Court incorporates new developments in the law, including discussions of recent judicial activity and the amendments to the Rome Statute adopted at the Kampala conference. Geselecteerde pagina's Titelblad.


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Inhoudsopgave Table of Cases. Table of Instruments of the International Criminal Court. Table of International Instruments. Historical Introduction.


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  5. Schabas Gedeeltelijke weergave - Schabas , William Schabas Gedeeltelijke weergave - According to the PTC, any torture and ill-treatment perpetrated by U. The significance of the PTC addressing this question should not be underestimated.

    The Rome Statute of the International Criminal Court

    Given these stakes, the chamber could have offered a more robust discussion about how to interpret the meaning and application of the provision than the scant three and a half pages it provides. Commentators are split on the question, but it is notable that previous Article 15 authorizations for instance, in Kenya, did not conduct an independent interests of justice analysis as the chamber asserts was its obligation here. At the least, this inconsistency calls out for a greater analysis that the PTC failed to provide.

    Instead, in three brief paragraphs, the Court offers three reasons for its determination. Only the last of these considerations seems remotely appropriate.

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    It defies logic that denying the Prosecutor enhanced powers to investigate would be the appropriate remedy for a lack of evidence. Similarly, citing limited resources as justification for declining an investigation effectively rewards states parties many of whom have been all too eager to see this issue go away for consistently underfunding the ICC.

    Oxford Public International Law: The Rome Statute of the International Criminal CourtA Commentary

    Ultimately, the issue that loomed largest was the political cooperation an Afghanistan investigation would require. Such concerns are real and practical enough but it is the ICC Prosecutor, in the exercise of her discretion, who is better placed to make these decisions. It is her office that spent 10 years receiving and assessing information from international organizations, NGOs, and victims groups working on the ground in Afghanistan. This is the trap into which the PTC fell or walked. Rather than addressing the legal merits of the request, the chamber instead addressed decisions — whom to investigate, what to prioritize, and when to do so — that are inevitably political.

    Rather than granting the Prosecutor the authority to think strategically about how to navigate this hostility in the exercise of her mandate, the PTC acquiesced to it.