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The Evolution and Establishment of the International Criminal Court (ICC)

A Selected Annotated Bibliography of Secondary Sources

Published online by Cambridge University Press:  28 February 2019

Extract

On July 17, 1998, the world community voted on the Rome Statute for the International Criminal Court (ICC,) which, if ratified by 60 countries, would establish for the first time in history, a permanent international criminal tribunal. The outcome was an overwhelmingly favorable vote, with 120 countries voting in favor, 21 abstentions, and 7 countries, including the United States, against. The idea of an international criminal court appeared to be in the making.

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Copyright © 2002 by the International Association of Law Libraries 

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References

BIBLIOGRAPHY

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This is the final report submitted at the Annual Meeting of the ABA on August 11-12, 1992, which recommends the United States support establishing the ICC. The task force, chaired by Benjamin R. Civiletti, reviewed the jurisdiction and applicable law before such a court, its nature and structure, prosecution and trial matters, and enforcement issues. In the ABA and New York State Bar Association reports included in Appendix A, arguments for and against the court are discussed. Appendix B contains the 1993 International Law Commission's Draft Statute for an International Criminal Court. Includes biographical references.Google Scholar
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This book of documentary history on the ICC was compiled by M. Cherif Bassiouni, who chaired the Drafting Committee of the United Nations Diplomatic Conference on the Establishment of an International Criminal Court, Rome, Italy, June 15-July 17, 1998. It contains a historical survey of the ICC, written by Mr. Bassiouni; the United Nations documents from the Rome Conference, including the Rome Statute for the International Criminal Court, the various reports of the Preparatory Committee on the Establishment of an International Criminal Court; and, prior historical documents such as the various decisions taken by the Committee during the New York Session held from August 4 to 15, 1997 and draft statutes for the ICC.Google Scholar
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One of the papers, presented at the March 22-25, 1994 Qatar International Law Conference, which discusses the issues needed to be resolved with respect to the revised Statute prepared by the International Legal Commission prior to it being presented at the UN in the Fall of 1994.Google Scholar
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One of a series of position papers prepared by the Lawyers Committee in support of the ICC. This paper discusses ensuring the establishment of an independent and effective court. It also explores the issue of state cooperation and compliance with ICC decisions given that the court would have no enforcement capacity.Google Scholar
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A brief overview of the Lawyers Committee's recommendations as to the crimes to which the proposed ICC should initially have jurisdiction over. Those crimes are genocide, crimes against humanity and serious violations of the laws and customs applicable in armed conflict (war crimes).Google Scholar
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The position paper sets forth the Lawyers Committee's recommendations on establishing and financing the ICC. For example, the Committee suggested that the court be closely linked to the United Nations and financed out of the regular UN budget.Google Scholar
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A position paper on the unresolved issues of the draft statute for the ICC that would go before the Preparatory Committee in August 1996. Issues addressed include establishing the court's structure and function, it's subject matter jurisdiction, the Security Council's role, and the mechanism for bringing cases before the court. Includes bibliographical references.Google Scholar
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Set forth in this position paper are the proposals and recommendations for universal ICC jurisdiction to be included in the draft statute.Google Scholar
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The focus of this position paper is to set forth recommendations for bringing matters before the ICC and to advocate for an independent prosecutor for the ICC. The provisions of the draft ICC statute dealing with both issues are discussed and suggestions are offered to help gain confidence for the court and take the politics out of the process. Includes bibliographical references.Google Scholar
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This book contains the discussions and proceedings of a conference held in Paris on the 19th and 20th of June 1997, by the No Peace Without Justice. Its participants and speakers include Cherif Bassiouni, Benjamin Ferencz and Flavia Lattanzi. The writings are in English and French, as provided by the specific speakers. The chapters contain a panel discussion on the historical evolution from the Nuremberg trials, up to the call for an ICC, and one on the prospective Diplomatic Conference scheduled in 1998. Following the panel discussions is a panel workshop on the worldwide campaign on establishing the ICC; and, the closing session on the adoption of an international appeal for the court's establishment. The final text of the appeal, designed to be delivered to the Secretary General of the United Nations, the President of the General Assembly and the President of the Preparatory Committee, is provided at the end. Also at the end of the book is a list of conference participants and their affiliations.Google Scholar
Promoting the Right to Reparation for Survivors of Torture: What Role for a Permanent International Criminal Court? London, Eng.: Redress, 1997. xiv, 84 p.Google Scholar
Redress is an organization founded in 1992, with a mission to seek the right to reparation for survivors of torture. This book represents the work done by the International Criminal Court project of the Redress organization to advocate that the ICC draft statute represent the rights of the victims of torture and other crimes under international law. Part I of the book gives an overview of the right to reparation for survivors of torture, including a look at the existing mechanisms at the international level. Part II focuses on the role the ICC could play, and recommendations for the articles of the draft statute that address the penalties, sentencing and judgments of the court. The book also has bibliographical references and four appendices, including the 1994 Draft Statute for a Permanent International Criminal Court.Google Scholar
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The book consists of works from members (coming from the U.S. A., the Netherlands, Switzerland, Australia, Japan and the U.K.) of the International Criminal Law Commission of the World Peace Through Law Center. Divided into seven parts and twenty-six chapters (twenty chapters in English and six in French), the book covers issues concerning the establishment of an ICC. Part I deals with the position of individuals in international law, including a chapter on the Universal Declaration of Human Rights. Part II deals with petitional procedures in human rights protection, including a discussion on the League of Nations Procedures, UN Trusteeship Council and the European Convention System. Part III deals with individual responsibility for international crimes under international law from World War I, under the League of Nations, the Military Tribunals for Trial of War Crimes after World War II, and under the UN General Assembly and an ICC. Part IV addresses draft statutes for an ICC. Part V discusses the legal defenses and excuses which would be available before an ICC, including the act of state doctrine and nullum crimen sine lege, nulla poena sine lege. Part VI overviews the constitutional and procedural questions of an ICC. Finally, Part VII concludes with chapters 25 and 26 covering the impasse in plans for an ICC and the range of crimes covered by such a court, respectively.Google Scholar
United Nations Issues Conference. The UN Security Council and the International Criminal Court: How Should They Relate?: Report of the Twenty-Ninth United Nations Issues Conference. Muscatine, Iowa: The Stanley Foundation, 1998. 42 p.Google Scholar
The focus of this conference report is on the issues concerning the role of the proposed ICC vis-á -vis the UN Security Council. Among the issues discussed is the proper relationship between the two institutions, the ICC's independence, the Security Council's right to refer or to delay matters before the ICC, and the role of the independent prosecutor. Includes bibliographical references.Google Scholar
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This special volume updates volume 13, entitled The International Criminal Court: Observations and issues before the 1997-1998 Preparatory Committee; and administrative andfinancial implications. It was prepared to assist the delegates of the Preparatory Committee on the Establishment of an International Criminal Court, 15 March-3 April 1998. Extensive commentaries on the eleven parts of the Draft Statute for the International Criminal Court, dated 29 January 1998 (known as the Zutphen Draft) are given by nine scholars from the International Law Association, Committee on the Permanent International Criminal Court and the Association Internationale de Droit Pénale. The appendix includes a copy of the Zutphen Draft.Google Scholar
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During the Abidjan World Conference on World Peace Through Law, held August 26-31, 1973, the participants worked on this working paper on a draft convention on international crimes and a draft statute for an International Criminal Court.Google Scholar
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II. The History and the Evolution of an International Criminal Tribunal

Bassiouni, M. Cherif and Nanda, Ved P., eds. A Treatise on International Criminal Law, Vol. 1, Crime and Punishment. Springfield, Ill.: Charles C. Thomas Publisher, 1973. xxv, 751 p.Google Scholar
This volume has five parts, each dealing with aspects of crime and punishment in the international arena. Part Five entitled, The Prosecution of International Crimes and the Creation of an International Criminal Court, has three chapters that deal with the prosecution of war crimes (historical overview, appendices of documents dating back to the 1919 Treaty of Peace, and excerpts from the Nuremberg Tribunal and Tokyo War Crimes Trial); the conception of an ICC, its jurisdiction and its obstacles (included in the appendix of this chapter is the 1953 Draft Statute); and, the enforcement machinery of international criminal law. Includes bibliographical references.Google Scholar
Bellot, Hugh H.L. A Permanent International Criminal Court. London, U.K.: International Law Association, 1922. 18 p.Google Scholar
From the International Law Association's Buenos Aires Conference in 1922, this is a short paper presented by Professor Bellot, advocating the need for a permanent ICC. Included are his recommendations on the composition of the court, the applicable law and procedure. He traces the acts of the Peace Conference, including the appointment of a Commission on the Responsibility of the Authors of the War and on the Enforcement of Penalties. The latter prepared a report which included a recommendation for the establishment of a International High Tribunal to oversee the trial of Germans and Austrians who committed international crimes during the war (World War II). The paper also sets forth the issues raised by an American minority report in dissent from establishing such a tribunal, instead arguing for the trying of war criminals by national courts.Google Scholar
Dai Tribunali Penali Internazionali ad hoc a una Corte Permanente/ a Cura di Flavia Lattanzi ed Elena Sciso. Napoli, Italy: Editoriale Scientifica, 1996. ix, 363 p.Google Scholar
This contains the proceedings of a conference held in Rome, December 15-16, 1995, on the occasion of the 50th anniversary of the United Nations. The contents are in English, French, Italian and Spanish. The papers are from the panels held during the proceedings. The topics covered include the legal foundation of international criminal tribunals, the ICC's national and international jurisdiction, and its function. The book's appendix contains the 1993 and 1994 UN resolutions and statutes for establishing the International Tribunal for the former Yugoslavia and the International Tribunal for Rwanda, respectively; a draft statute for an International Criminal Court; and, the 1996 International Law Commission's Draft Code of Crimes Against the Peace and Security of Mankind. Includes bibliographical references.Google Scholar
Dinstein, Yoram and Tabory, Mala, eds. War Crimes in International Law. The Hague, The Neth.: Martinus Nijhoff Publishers, 1996. xiv, 489 p.Google Scholar
The materials in this book came out of the International Legal Colloquium on War Crimes, held at the Tel Aviv University, December 27-29,1993, and most of it was published in volumes 24 of the Israel Yearbook on Human Rights.Google Scholar
Included are articles on international war crimes and on the adjudication of those crimes. On the latter, there is an article by Bengt Broms, who served as a judge at the Iran-United States Claims Tribunal (The Hague), on the establishment of an ICC, entitled, The Establishment of an International Criminal Court, including detailing and commenting on the International Law Commission's 1994 statute to establish such a court. Other articles on this topic include the impact of the Tribunal for Former Yugoslavia; review and critique of that Tribunal; the use of national courts for the prosecution of international offenses; and, the defenses available in such trials.Google Scholar
The book also has a useful appendices containing documents such as the Draft Statute for an International Criminal Court, and the statutes for the tribunals in the Former Yugoslavia and Rwanda, respectively. Includes bibliographical references. In addition, at the end of the book there are indices listing the chronology of treaties (dating from 1648 to 1989), an index of cases, a name index and a subject index.Google Scholar
The Establishment of an International Criminal Court. Foundation for the Establishment of an International Criminal Court and The Johnson Foundation, 1973. 35 p.Google Scholar
This is a report on the First and Second International Criminal Law Conferences, held in Wingspread and Bellagio/Wingspread, in 1971 and 1972, respectively. Traced is the development of the Foundation's Draft Convention on International Crimes and Draft Statute for an International Criminal Court, by the participants of the Foundation and the conferences. Within the report provided are the two drafts as well as a commentary on them by Robert Woetzel, the chair of the 1972 conference. A roster of the scholars and experts who attended the conferences is also provided.Google Scholar
Ferencz, Benjamin B. An International Criminal Court, a Step Toward World Peace: a Documentary History and Analysis, Vol. I: Half a Century of Hope. Dobbs Ferry, N.Y.: Oceana Publications, 1990. xvii, 538 p.Google Scholar
Volume I, of this two volume set, is subtitled Half a Century of Hope. In the first 108 pages (including footnotes) it provides a historical survey of the evolution of international criminal law and of the attempts to establish an ICC for various purposes, such as, the Nuremberg Tribunal, the Tokyo trials and combating terrorism. Following this is a section called Documents. The Table of Documents is found after the general table of contents and it facilitates the locations of a total of sixteen documents starting from The 1899 Proceedings of the Hague Conference Final Act, with the text of Convention for the Pacific Settlement of International Disputes, to a list of defendants and extracts of opinions of the 1948 Tokyo War Crimes Trials. It also includes various historical drafts for establishing an ICC and an international criminal code.Google Scholar
Ferencz, Benjamin B. An International Criminal Court, a Step Toward World Peace: a Documentary History and Analysis, Vol. II: The Beginning of Wisdom. Dobbs Ferry, N.Y.: Oceana Publications, 1980. 674 p.Google Scholar
Volume II of this two volume set traces, on a positive note, the gradual international movement toward codifying international crimes and the development of an ICC. After the author's discussion, which runs about 141 pages (including endnotes), the remainder of the book contains reprints of documents (continued from volume I). Included, but not limited, are 1946 UN Documents on the discussion of the crime of genocide; reports and draft documents on the Code of Offences against the Peace and Security of Mankind; reports of the International Law Commission on an ICC; and, documents on international criminal jurisdiction and crimes. Includes bibliographical references (p. 639655) and an index.Google Scholar
Glueck, Sheldon. War Criminals, Their Prosecution & Punishment. NY: A. A. Knopf, 1944. (Millwood, NY: Kraus Reprint Co. 1976). viii, 250, xii p.Google Scholar
This book was written with the goal of raising the legal and political issues involved in the treatment of war criminals in light of the impending defeat of the Nazis and end of War World II. Its twelve chapters include a discussion and analysis of the historical background along with the present day challenges raised. Then the author provides a discussion of the acts committed by the Nazis and the Axis countries, and the international legal basis for imposing liability in a international tribunal versus a nation-state one; and, the legal responsibility imposed on the individual involved versus acts of state or orders of superiors. Includes bibliographical references in “Notes” (p. 187250).Google Scholar
International Conference on the Repression of Terrorism. Proceedings of the International Conference on the Repression of Terrorism, Geneva, November 1st to I6th, 1937. Geneva, Switz.: Series of League of Nations Publications. V. Legal. 1938. V. 3. 218 p.Google Scholar
Contains primary historical documents, such as, the 1937 Convention for the Prevention and Punishment of Terrorism, the 1937 Convention for the Creation of an International Criminal Court, and their respective drafts. Included are the texts of the debates held at the conference. A list of participants and an index.Google Scholar
Janis, Mark, ed. International Courts for the Twenty-First Century. Dordrecht, The Neth.: Martinus Nijhoff Publishers, 1992. xvi, 261 p.Google Scholar
The book is made up of essays from the participants of the International Courts Project, which Project came into being from the United Nations Decade of International Law (1990-1999). They trace the development of international adjudication in the twentieth century and its continuation into the twentieth-first century. The contributors include scholars from American, English and German universities as well as a member of the Organization of American States.Google Scholar
Specifically on the ICC, there is a chapter under the part on specialized international tribunals and procedures, entitled, “The Case for an International Court of Criminal Justice and the Formulation of International Criminal Law.” This chapter is written by John W. Bridge from University of Exeter and discusses the reasons for creating an ICC instead of leaving international criminal matters to national courts, and the need to develop an international criminal code for which an ICC to have jurisdiction over.Google Scholar
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MacPherson, Bryan F. An International Criminal Court: Applying World Law to Individuals. Washington, D.C.: The Center for UN Reform Education, 1992. vi, 70 p.Google Scholar
This monograph discusses and recommends the establishment of a ICC. Providing first an historical perspective, then the current problems of international law enforcement, the author goes on to propose an ICC and set forth matters such as, the proposed court's jurisdiction, composition and procedure. In the appendix, a draft statute for an ICC is presented. Includes bibliographical references.Google Scholar
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The book is a collection of essays, written by scholars (including the two editors) from the U.S., Austria, Australia and Canada. It covers the domestic and international approaches to the prosecution of war crimes, the evolution of the international law regime and its present-day movement toward a permanent ICC. The intermingling of the international with the domestic, or as one of the author calls it, the “cross-fertilization” is discussed by a few of the authors. The different contributors discuss examples of different war crimes trials, such as those that occurred in Europe, Japan, Australia (under its domestic War Crimes Act), the Former Yugoslavia and Rwanda. Finally, the last chapter, written by the editors, deals exclusively with the prospect of the new international criminal law regime, with a discussion of the International Law Commission's Draft Statute for an International Criminal Court and its Draft Code of Crimes Against the Peace and Security of Mankind. Includes an index.Google Scholar
Morton, Jeffrey S. The International Law Commission of the United Nations. Columbia, S.C.: University of South Carolina Press, 2000. xvi, 225 p.Google Scholar
The book examines closely the International Law Commission (ILC) and its efforts to draft a code of international crimes and a statute for an ICC. There are six chapters that cover the creation and development of the ILC, a general overview of international crimes, the ILC's works on the Draft Code of Crimes against the Peace and Security of Mankind, an overview of the attempts to establish an ICC, an empirical analysis of the ILC, and a conclusion on the status of the ILC and the prospects for an ICC. The book also has an appendices containing two draft documents of the Draft Code of Crimes and the Statute of the International Criminal Court. Includes bibliographical references (p. 209217) and an index.Google Scholar
Ratner, Steven and Abrams, Jason S.. Accountability for Human Rights Atrocities in International Law: Beyond the Nuremberg Legacy, 2nd. ed. Oxford, Eng.: Clarendon Press, 2001. xlvii, 435 p.Google Scholar
In particular, the book extensively discusses the development of contemporary substantive international criminal law, e.g., genocide, war crimes and crimes against humanity, including its movement toward individual accountability; and, the mechanisms for accountability, used and/or needed for redressing violations of that law, including a discussion on the international criminal tribunals, starting with Nuremberg, and the move toward a permanent ICC. The appendices include excerpts of treaties and other international instruments. Includes bibliographical (p. 397426) and an index.Google Scholar
Shelton, Dinah, ed. International Crimes, Peace, and Human Rights: the Role of the International Criminal Court. Ardsley, N.Y.: Transnational Publishers, Inc., 2000. xiv, 356 p.Google Scholar
The book is a compilation of contributions from various experts on the proposed ICC and its impact for peace and human rights. Eighteen chapters are broken down into four parts plus an appendix. Part I, consisting of three chapters, including one by Benjamin Ferencz, gives an overview of precedent courts that have dealt with war crimes, i.e., Nuremberg, the International Criminal Tribunal for Rwanda, and the International Criminal Tribunal for the Former Yugoslavia, and how the ICC could, in turn, resolve international conflicts.Google Scholar
Part II, consisting of four chapters, addresses the issue of how developing international criminal law will interact, influence or be influenced by international human rights law and international humanitarian law, including a chapter on the issue of women's international human rights and how the ICC statute was designed to also address these issues.Google Scholar
Part III, consisting of seven chapters, addresses the role of the ICC with respect to issues of accountability, deterrence and punishment. There is also discussion on the issue of reparations to victims of international crimes.Google Scholar
Part IV, consisting of four chapters, addresses the issues of ICC jurisdiction and its effectiveness. Of concern are the statute's provisions for the principle of complementarity and its jurisdiction of nationals of nonparty states. One chapter, specifically addresses the United States interests and reservations over the ICC and its jurisdictional reach.Google Scholar
The appendix contains a reprint of the Rome Statute of the International Criminal Court. Includes bibliographical references and an index.Google Scholar
Reeder, René Marius. The Establishment of an International Criminal Court, Some General Problems. Amsterdam, The Neth.: Nuss, 1962. 264 p.Google Scholar
The book provides information on the concept of an ICC starting with its historical overview, which the author traces back to the Middle Ages. Then chapters II - VIII break down into a discussion of the issues raised in creating such a court, e.g., chapters II and III address the manner of establishing the court, its permanence and its jurisdiction over natural persons and nation states. The next two chapters address the issues of applicable law and the enforcement of sentences and court decisions. Chapter VI details issues concerning the organization of the court, as chapters VII and VIII go into the prosecutorial and the procedural issues of the court. The book also contains appendices of historical documents, dating back to 1919, i.e., the various draft statutes for an ICC bearing the dates of 1927, 1928 (revised in 1946), 1937, 1943, 1951 and 1953. Includes bibliography references of English and French materials (p. 259264).Google Scholar
Sottile, Antoine. The Problem of the Creation of a Permanent International Criminal Court. Nendeln, Liech., 1966. 104 p.Google Scholar
This extract from the Revue de droit international de sciences dimplomatiques et politiques (The International Law Review), no. 2-3, 1951, is reprinted in both English and French. It traces and outlines the evolution of the ICC from the periods predating the League of Nations and the United Nations, during the existence of the League of Nations and after the creation of the United Nations. Historical documents are mentioned throughout, e.g., the Saint-James Declaration and the 1943 Moscow Declaration. It also overviews the need for such a court, outlines its proposed objections and notes the manner in which the court which be structured. The scholarly thoughts, theories and writings of the major actors in this history are mentioned throughout, particularly Professor V.V. Pella, who starting in 1919 developed a plan for the creation of an international criminal jurisdiction to hear cases involving both individuals and states. The annex contains the July 16, 1951 New Provisional Text of the Revised Draft Code of Offences Against the Peace and Security of Mankind. The table of contents appears at the end after the English and French annexes, respectively.Google Scholar
Sunga, Lyal S. The Emerging System of International Criminal Law. The Hague, The Neth.: Kluwer Law International, 1997. xxii, 486 p.Google Scholar
The author discusses the development of international criminal law from pre-Nuremberg and Tokyo trials period to present day. The inquiry tracks the International Law Commission's work on the Code of Crimes Against the Peace and Security of Mankind and the Statute for a Permanent International Criminal Court. After and introduction, which charts out the scope of the book and gives some preliminary information on the complexity of international criminal law, the book is divided into three parts. Part 1, captioned, “Developments in Codification,” details the changes to the 1991 and the 1996 draft Codes (including the inclusion and omissions of certain crimes), with a chapter on the issue of aggression, threats of aggression, intervention and colonial domination; another on serious violations of international human rights and humanitarian law, including genocide, apartheid, systematic or mass violations of human rights, war crimes and mass rape; and, a third chapter on other crimes, such as international terrorism, drug-trafficking and crimes against UN personnel. Part 2, captioned, “Developments in Implementation,” deals with the normative hierarchy in international law and its relation to individual criminal responsibility; the implementation of international criminal law through municipal jurisdiction; and the implementation of international criminal law through international criminal tribunals – which traces the history from pre-WWII, Nuremberg and Tokyo Tribunals, the tribunals for the Former Yugoslavia and Rwanda, and the prospective of a permanent ICC. Part 3, “future Prospects,” discusses the emergence of a system of international criminal law. The book also has an annex with the 1191 ILC Draft Code, the 1993 and 1994 statutes for the tribunals in Yugoslavia and Rwanda, respectively, the 1995 UN G.A. Resolution A/50/46, Creating a Preparatory Committee on the Establishment of an International Criminal Court, and the 1996 ILC Draft Code. Includes bibliographical references (p. [447]-478) and an index.Google Scholar
Taylor, Telford. The Anatomy of the Nuremberg Trials: a Personal Memoir. New York, N.Y.: Knopf, 1992. xii, 703 p.Google Scholar
The book, written as a personal memoir, is about the events leading up to the establishment of the International Military Tribunal and of the war crimes trials held in Nuremberg from 1945 to 1946. It contains twenty-two chapters detailing different facets of the Nuremberg trial, from the trial itself to a description of the defendants. Throughout the book there are excerpts from diaries, memorandum, trial testimony and other primary materials. At the end of the book there is an appendices containing the Charter of the International Military Tribunal, bibliographical references (p. [679]-682) and an index.Google Scholar
United Nations. Secretary General. Historical Survey of the Question of International Criminal Jurisdiction; memorandum submitted by the Secretary-General. Lake Success: New York, N.Y., 1949. vii, 147 p.Google Scholar
This book or memorandum, along with an appendix consisting of fifteen documents, was prepared pursuant to a General Assembly resolution, requesting the Secretary General do some preliminary work for the International Law Commission, which, in turn, was instructed to study the prospects for an international criminal law tribunal as a branch of the International Court of Justice.Google Scholar
The contents of the book are divided into an introductory chapter, two subsequent substantial chapters and an appendix. The three chapters set forth the history of the idea of establishing an ICC, starting from the Paris Peace Conference of 1919. Included is a discussion of documents, e.g., the 1937 Convention for the Creation of an International Criminal Court, the Convention on the Prevention and Punishing of the Crime of Genocide, and the Convention on Genocide; and, organizations (e.g., United Nations War Crimes Commission, The NÜrnberg International Military Tribunal and the General Assembly) considering and discussing issues connected to or directly dealing with the establishment of such an institution.Google Scholar
ii. Articles Google Scholar
Baez, Jose A.An international crimes court: further tales of the King of Corinth,” Georgia Journal of International & Comparative Law 23 (1993): 289325.Google Scholar
Bassiouni, M. Cherif. “Establishing An International Criminal Court: Historical Survey,” Military Law Review 149 (1995): 4967.Google Scholar
Bassiouni, M. Cherif. “From Versailles to Rwanda in Seventy-Five Years: The Need to Establish a Permanent International Criminal Court,” Harvard Human Rights Journal 10 (1997): 1162.Google Scholar
Bassiouni, M. Cherif. “The International Criminal Court in Historical Context,” St. Louis-Warsaw Transatlantic Law Journal 99 (1999): 5570.Google Scholar
Benison, Audrey I.War Crimes: A Human Rights Approach to a Humanitarian Law Problem at the International Criminal Court,” Georgetown Law Journal 88 (1999): 141184.Google Scholar
Bleich, Jeffrey L.War Crimes and Other Human Rights Abuses in the Former Yugoslavia,” Whittier Law Review 16 (1995): 387432.Google Scholar
Brown, Bartram S.Primacy or Complementarity: Reconciling the Jurisdiction of National Courts and International Criminal Tribunals,” Yale Journal of International Law 23 (1998): 383436.Google Scholar
Concannon, Brian Jr.. “Beyond Complementarity: The International Criminal Court and National Prosecutions, A View from Haiti,” Columbia Human Rights Law Review 32 (2000): 201250.Google Scholar
Corell, Hans. “Nuremberg and the Development of an International Criminal Court,” Military Law Review 149 (1995): 8799.Google Scholar
Ferencz, Benjamin B.International Criminal Courts: The Legacy of Nuremberg,” Pace International Law Review 10 (1998): 203227.Google Scholar
Gallant, Kenneth S.The Role and Powers of Defense Counsel in the Rome Statute of the International Criminal Court,” International Law 34 (2000): 2144.Google Scholar
Heath, John William Jr.. “Journey Over “Strange Ground”: From Demjanjuk to the International Criminal Court Regime,” Georgetown Immigration Law Journal 13 (1999): 383413.Google Scholar
Hwang, Phyllis. “Defining Crimes Against Humanity in the Rome Statute of the International Criminal Court,” Fordham International Law Journal 22 (1998): 457504.Google Scholar
Janis, Mark W.The Utility of International Criminal Courts,” Connecticut Journal of International Law 12 (1997): 161171.Google Scholar
Levy, Ayelet. “Israel Rejects its Own Offspring: The International Criminal Court,” Loyola of Los Angeles International & Comparative Law Review 22 (1999): 207254.Google Scholar
Lippman, Matthew. “Towards and International Criminal Court,” San Diego Justice Journal 3 (1995): 1125.Google Scholar
Massimino, Elisa C.Prospects for the Establishment of an International Criminal Court,” Whittier Law Review 19 (1997): 317- 323.Google Scholar
McGrath, Christopher J.Today's Transnational Crime Epidemic: The Necessity of an International Criminal Court to Battle Misdeeds which Transcend National Borders,” Detroit College of Law Journal of International Law & Practice 135 (1997): 135156.Google Scholar
Noone, Gregory P. Lieutenant Commander, JAGC, U.S. Navy. “An Introduction to the International Criminal Court,” Naval Law Review 46 (1999): 112156.Google Scholar
Rancillio, Peggy E.From Nuremberg to Rome: Establishing an International Criminal Court and the Need for U.S. Participation,” University of Detroit Mercy Law Review 77 (1999): 155201.Google Scholar
Sadat, Leila Nadya. “The Establishment of the International Criminal Court: From The Hague to Rome and Back Again,” Journal of International & Practice 8 (1999): 97118.Google Scholar
Tiefenbrun, Susan W.The Paradox of International Adjudication: Developments in the International Criminal Tribunals for the Former Yugoslavia and Rwanda, the World Court, and the International Criminal Court,” North Carolina Journal of International Law & Commercial Regulation 25 (2000): 551596.Google Scholar
White, Jamison G.Nowhere to Run, nowhere to Hide: Augusto Pinochet, Universal Jurisdiction, the ICC, and a Wake-Up Call For Former Heads of State,” Case Western Reserve Law Review 50 (1999): 127181.Google Scholar
Bassiouni, M. Cherif and Nanda, Ved P., eds. A Treatise on International Criminal Law, Vol. 1, Crime and Punishment. Springfield, Ill.: Charles C. Thomas Publisher, 1973. xxv, 751 p.Google Scholar
This volume has five parts, each dealing with aspects of crime and punishment in the international arena. Part Five entitled, The Prosecution of International Crimes and the Creation of an International Criminal Court, has three chapters that deal with the prosecution of war crimes (historical overview, appendices of documents dating back to the 1919 Treaty of Peace, and excerpts from the Nuremberg Tribunal and Tokyo War Crimes Trial); the conception of an ICC, its jurisdiction and its obstacles (included in the appendix of this chapter is the 1953 Draft Statute); and, the enforcement machinery of international criminal law. Includes bibliographical references.Google Scholar
Bellot, Hugh H.L. A Permanent International Criminal Court. London, U.K.: International Law Association, 1922. 18 p.Google Scholar
From the International Law Association's Buenos Aires Conference in 1922, this is a short paper presented by Professor Bellot, advocating the need for a permanent ICC. Included are his recommendations on the composition of the court, the applicable law and procedure. He traces the acts of the Peace Conference, including the appointment of a Commission on the Responsibility of the Authors of the War and on the Enforcement of Penalties. The latter prepared a report which included a recommendation for the establishment of a International High Tribunal to oversee the trial of Germans and Austrians who committed international crimes during the war (World War II). The paper also sets forth the issues raised by an American minority report in dissent from establishing such a tribunal, instead arguing for the trying of war criminals by national courts.Google Scholar
Dai Tribunali Penali Internazionali ad hoc a una Corte Permanente/ a Cura di Flavia Lattanzi ed Elena Sciso. Napoli, Italy: Editoriale Scientifica, 1996. ix, 363 p.Google Scholar
This contains the proceedings of a conference held in Rome, December 15-16, 1995, on the occasion of the 50th anniversary of the United Nations. The contents are in English, French, Italian and Spanish. The papers are from the panels held during the proceedings. The topics covered include the legal foundation of international criminal tribunals, the ICC's national and international jurisdiction, and its function. The book's appendix contains the 1993 and 1994 UN resolutions and statutes for establishing the International Tribunal for the former Yugoslavia and the International Tribunal for Rwanda, respectively; a draft statute for an International Criminal Court; and, the 1996 International Law Commission's Draft Code of Crimes Against the Peace and Security of Mankind. Includes bibliographical references.Google Scholar
Dinstein, Yoram and Tabory, Mala, eds. War Crimes in International Law. The Hague, The Neth.: Martinus Nijhoff Publishers, 1996. xiv, 489 p.Google Scholar
The materials in this book came out of the International Legal Colloquium on War Crimes, held at the Tel Aviv University, December 27-29,1993, and most of it was published in volumes 24 of the Israel Yearbook on Human Rights.Google Scholar
Included are articles on international war crimes and on the adjudication of those crimes. On the latter, there is an article by Bengt Broms, who served as a judge at the Iran-United States Claims Tribunal (The Hague), on the establishment of an ICC, entitled, The Establishment of an International Criminal Court, including detailing and commenting on the International Law Commission's 1994 statute to establish such a court. Other articles on this topic include the impact of the Tribunal for Former Yugoslavia; review and critique of that Tribunal; the use of national courts for the prosecution of international offenses; and, the defenses available in such trials.Google Scholar
The book also has a useful appendices containing documents such as the Draft Statute for an International Criminal Court, and the statutes for the tribunals in the Former Yugoslavia and Rwanda, respectively. Includes bibliographical references. In addition, at the end of the book there are indices listing the chronology of treaties (dating from 1648 to 1989), an index of cases, a name index and a subject index.Google Scholar
The Establishment of an International Criminal Court. Foundation for the Establishment of an International Criminal Court and The Johnson Foundation, 1973. 35 p.Google Scholar
This is a report on the First and Second International Criminal Law Conferences, held in Wingspread and Bellagio/Wingspread, in 1971 and 1972, respectively. Traced is the development of the Foundation's Draft Convention on International Crimes and Draft Statute for an International Criminal Court, by the participants of the Foundation and the conferences. Within the report provided are the two drafts as well as a commentary on them by Robert Woetzel, the chair of the 1972 conference. A roster of the scholars and experts who attended the conferences is also provided.Google Scholar
Ferencz, Benjamin B. An International Criminal Court, a Step Toward World Peace: a Documentary History and Analysis, Vol. I: Half a Century of Hope. Dobbs Ferry, N.Y.: Oceana Publications, 1990. xvii, 538 p.Google Scholar
Volume I, of this two volume set, is subtitled Half a Century of Hope. In the first 108 pages (including footnotes) it provides a historical survey of the evolution of international criminal law and of the attempts to establish an ICC for various purposes, such as, the Nuremberg Tribunal, the Tokyo trials and combating terrorism. Following this is a section called Documents. The Table of Documents is found after the general table of contents and it facilitates the locations of a total of sixteen documents starting from The 1899 Proceedings of the Hague Conference Final Act, with the text of Convention for the Pacific Settlement of International Disputes, to a list of defendants and extracts of opinions of the 1948 Tokyo War Crimes Trials. It also includes various historical drafts for establishing an ICC and an international criminal code.Google Scholar
Ferencz, Benjamin B. An International Criminal Court, a Step Toward World Peace: a Documentary History and Analysis, Vol. II: The Beginning of Wisdom. Dobbs Ferry, N.Y.: Oceana Publications, 1980. 674 p.Google Scholar
Volume II of this two volume set traces, on a positive note, the gradual international movement toward codifying international crimes and the development of an ICC. After the author's discussion, which runs about 141 pages (including endnotes), the remainder of the book contains reprints of documents (continued from volume I). Included, but not limited, are 1946 UN Documents on the discussion of the crime of genocide; reports and draft documents on the Code of Offences against the Peace and Security of Mankind; reports of the International Law Commission on an ICC; and, documents on international criminal jurisdiction and crimes. Includes bibliographical references (p. 639655) and an index.Google Scholar
Glueck, Sheldon. War Criminals, Their Prosecution & Punishment. NY: A. A. Knopf, 1944. (Millwood, NY: Kraus Reprint Co. 1976). viii, 250, xii p.Google Scholar
This book was written with the goal of raising the legal and political issues involved in the treatment of war criminals in light of the impending defeat of the Nazis and end of War World II. Its twelve chapters include a discussion and analysis of the historical background along with the present day challenges raised. Then the author provides a discussion of the acts committed by the Nazis and the Axis countries, and the international legal basis for imposing liability in a international tribunal versus a nation-state one; and, the legal responsibility imposed on the individual involved versus acts of state or orders of superiors. Includes bibliographical references in “Notes” (p. 187250).Google Scholar
International Conference on the Repression of Terrorism. Proceedings of the International Conference on the Repression of Terrorism, Geneva, November 1st to I6th, 1937. Geneva, Switz.: Series of League of Nations Publications. V. Legal. 1938. V. 3. 218 p.Google Scholar
Contains primary historical documents, such as, the 1937 Convention for the Prevention and Punishment of Terrorism, the 1937 Convention for the Creation of an International Criminal Court, and their respective drafts. Included are the texts of the debates held at the conference. A list of participants and an index.Google Scholar
Janis, Mark, ed. International Courts for the Twenty-First Century. Dordrecht, The Neth.: Martinus Nijhoff Publishers, 1992. xvi, 261 p.Google Scholar
The book is made up of essays from the participants of the International Courts Project, which Project came into being from the United Nations Decade of International Law (1990-1999). They trace the development of international adjudication in the twentieth century and its continuation into the twentieth-first century. The contributors include scholars from American, English and German universities as well as a member of the Organization of American States.Google Scholar
Specifically on the ICC, there is a chapter under the part on specialized international tribunals and procedures, entitled, “The Case for an International Court of Criminal Justice and the Formulation of International Criminal Law.” This chapter is written by John W. Bridge from University of Exeter and discusses the reasons for creating an ICC instead of leaving international criminal matters to national courts, and the need to develop an international criminal code for which an ICC to have jurisdiction over.Google Scholar
Includes bibliographical references and an index.Google Scholar
MacPherson, Bryan F. An International Criminal Court: Applying World Law to Individuals. Washington, D.C.: The Center for UN Reform Education, 1992. vi, 70 p.Google Scholar
This monograph discusses and recommends the establishment of a ICC. Providing first an historical perspective, then the current problems of international law enforcement, the author goes on to propose an ICC and set forth matters such as, the proposed court's jurisdiction, composition and procedure. In the appendix, a draft statute for an ICC is presented. Includes bibliographical references.Google Scholar
McCormack, Timothy L.H. and Simpson, Gerry J., ed. The Law of War Crimes: National and International Approaches. The Hague, The Neth.; Boston, Mass.: Kluwer Law International, 1997. xxvii, 262 p.Google Scholar
The book is a collection of essays, written by scholars (including the two editors) from the U.S., Austria, Australia and Canada. It covers the domestic and international approaches to the prosecution of war crimes, the evolution of the international law regime and its present-day movement toward a permanent ICC. The intermingling of the international with the domestic, or as one of the author calls it, the “cross-fertilization” is discussed by a few of the authors. The different contributors discuss examples of different war crimes trials, such as those that occurred in Europe, Japan, Australia (under its domestic War Crimes Act), the Former Yugoslavia and Rwanda. Finally, the last chapter, written by the editors, deals exclusively with the prospect of the new international criminal law regime, with a discussion of the International Law Commission's Draft Statute for an International Criminal Court and its Draft Code of Crimes Against the Peace and Security of Mankind. Includes an index.Google Scholar
Morton, Jeffrey S. The International Law Commission of the United Nations. Columbia, S.C.: University of South Carolina Press, 2000. xvi, 225 p.Google Scholar
The book examines closely the International Law Commission (ILC) and its efforts to draft a code of international crimes and a statute for an ICC. There are six chapters that cover the creation and development of the ILC, a general overview of international crimes, the ILC's works on the Draft Code of Crimes against the Peace and Security of Mankind, an overview of the attempts to establish an ICC, an empirical analysis of the ILC, and a conclusion on the status of the ILC and the prospects for an ICC. The book also has an appendices containing two draft documents of the Draft Code of Crimes and the Statute of the International Criminal Court. Includes bibliographical references (p. 209217) and an index.Google Scholar
Ratner, Steven and Abrams, Jason S.. Accountability for Human Rights Atrocities in International Law: Beyond the Nuremberg Legacy, 2nd. ed. Oxford, Eng.: Clarendon Press, 2001. xlvii, 435 p.Google Scholar
In particular, the book extensively discusses the development of contemporary substantive international criminal law, e.g., genocide, war crimes and crimes against humanity, including its movement toward individual accountability; and, the mechanisms for accountability, used and/or needed for redressing violations of that law, including a discussion on the international criminal tribunals, starting with Nuremberg, and the move toward a permanent ICC. The appendices include excerpts of treaties and other international instruments. Includes bibliographical (p. 397426) and an index.Google Scholar
Shelton, Dinah, ed. International Crimes, Peace, and Human Rights: the Role of the International Criminal Court. Ardsley, N.Y.: Transnational Publishers, Inc., 2000. xiv, 356 p.Google Scholar
The book is a compilation of contributions from various experts on the proposed ICC and its impact for peace and human rights. Eighteen chapters are broken down into four parts plus an appendix. Part I, consisting of three chapters, including one by Benjamin Ferencz, gives an overview of precedent courts that have dealt with war crimes, i.e., Nuremberg, the International Criminal Tribunal for Rwanda, and the International Criminal Tribunal for the Former Yugoslavia, and how the ICC could, in turn, resolve international conflicts.Google Scholar
Part II, consisting of four chapters, addresses the issue of how developing international criminal law will interact, influence or be influenced by international human rights law and international humanitarian law, including a chapter on the issue of women's international human rights and how the ICC statute was designed to also address these issues.Google Scholar
Part III, consisting of seven chapters, addresses the role of the ICC with respect to issues of accountability, deterrence and punishment. There is also discussion on the issue of reparations to victims of international crimes.Google Scholar
Part IV, consisting of four chapters, addresses the issues of ICC jurisdiction and its effectiveness. Of concern are the statute's provisions for the principle of complementarity and its jurisdiction of nationals of nonparty states. One chapter, specifically addresses the United States interests and reservations over the ICC and its jurisdictional reach.Google Scholar
The appendix contains a reprint of the Rome Statute of the International Criminal Court. Includes bibliographical references and an index.Google Scholar
Reeder, René Marius. The Establishment of an International Criminal Court, Some General Problems. Amsterdam, The Neth.: Nuss, 1962. 264 p.Google Scholar
The book provides information on the concept of an ICC starting with its historical overview, which the author traces back to the Middle Ages. Then chapters II - VIII break down into a discussion of the issues raised in creating such a court, e.g., chapters II and III address the manner of establishing the court, its permanence and its jurisdiction over natural persons and nation states. The next two chapters address the issues of applicable law and the enforcement of sentences and court decisions. Chapter VI details issues concerning the organization of the court, as chapters VII and VIII go into the prosecutorial and the procedural issues of the court. The book also contains appendices of historical documents, dating back to 1919, i.e., the various draft statutes for an ICC bearing the dates of 1927, 1928 (revised in 1946), 1937, 1943, 1951 and 1953. Includes bibliography references of English and French materials (p. 259264).Google Scholar
Sottile, Antoine. The Problem of the Creation of a Permanent International Criminal Court. Nendeln, Liech., 1966. 104 p.Google Scholar
This extract from the Revue de droit international de sciences dimplomatiques et politiques (The International Law Review), no. 2-3, 1951, is reprinted in both English and French. It traces and outlines the evolution of the ICC from the periods predating the League of Nations and the United Nations, during the existence of the League of Nations and after the creation of the United Nations. Historical documents are mentioned throughout, e.g., the Saint-James Declaration and the 1943 Moscow Declaration. It also overviews the need for such a court, outlines its proposed objections and notes the manner in which the court which be structured. The scholarly thoughts, theories and writings of the major actors in this history are mentioned throughout, particularly Professor V.V. Pella, who starting in 1919 developed a plan for the creation of an international criminal jurisdiction to hear cases involving both individuals and states. The annex contains the July 16, 1951 New Provisional Text of the Revised Draft Code of Offences Against the Peace and Security of Mankind. The table of contents appears at the end after the English and French annexes, respectively.Google Scholar
Sunga, Lyal S. The Emerging System of International Criminal Law. The Hague, The Neth.: Kluwer Law International, 1997. xxii, 486 p.Google Scholar
The author discusses the development of international criminal law from pre-Nuremberg and Tokyo trials period to present day. The inquiry tracks the International Law Commission's work on the Code of Crimes Against the Peace and Security of Mankind and the Statute for a Permanent International Criminal Court. After and introduction, which charts out the scope of the book and gives some preliminary information on the complexity of international criminal law, the book is divided into three parts. Part 1, captioned, “Developments in Codification,” details the changes to the 1991 and the 1996 draft Codes (including the inclusion and omissions of certain crimes), with a chapter on the issue of aggression, threats of aggression, intervention and colonial domination; another on serious violations of international human rights and humanitarian law, including genocide, apartheid, systematic or mass violations of human rights, war crimes and mass rape; and, a third chapter on other crimes, such as international terrorism, drug-trafficking and crimes against UN personnel. Part 2, captioned, “Developments in Implementation,” deals with the normative hierarchy in international law and its relation to individual criminal responsibility; the implementation of international criminal law through municipal jurisdiction; and the implementation of international criminal law through international criminal tribunals – which traces the history from pre-WWII, Nuremberg and Tokyo Tribunals, the tribunals for the Former Yugoslavia and Rwanda, and the prospective of a permanent ICC. Part 3, “future Prospects,” discusses the emergence of a system of international criminal law. The book also has an annex with the 1191 ILC Draft Code, the 1993 and 1994 statutes for the tribunals in Yugoslavia and Rwanda, respectively, the 1995 UN G.A. Resolution A/50/46, Creating a Preparatory Committee on the Establishment of an International Criminal Court, and the 1996 ILC Draft Code. Includes bibliographical references (p. [447]-478) and an index.Google Scholar
Taylor, Telford. The Anatomy of the Nuremberg Trials: a Personal Memoir. New York, N.Y.: Knopf, 1992. xii, 703 p.Google Scholar
The book, written as a personal memoir, is about the events leading up to the establishment of the International Military Tribunal and of the war crimes trials held in Nuremberg from 1945 to 1946. It contains twenty-two chapters detailing different facets of the Nuremberg trial, from the trial itself to a description of the defendants. Throughout the book there are excerpts from diaries, memorandum, trial testimony and other primary materials. At the end of the book there is an appendices containing the Charter of the International Military Tribunal, bibliographical references (p. [679]-682) and an index.Google Scholar
United Nations. Secretary General. Historical Survey of the Question of International Criminal Jurisdiction; memorandum submitted by the Secretary-General. Lake Success: New York, N.Y., 1949. vii, 147 p.Google Scholar
This book or memorandum, along with an appendix consisting of fifteen documents, was prepared pursuant to a General Assembly resolution, requesting the Secretary General do some preliminary work for the International Law Commission, which, in turn, was instructed to study the prospects for an international criminal law tribunal as a branch of the International Court of Justice.Google Scholar
The contents of the book are divided into an introductory chapter, two subsequent substantial chapters and an appendix. The three chapters set forth the history of the idea of establishing an ICC, starting from the Paris Peace Conference of 1919. Included is a discussion of documents, e.g., the 1937 Convention for the Creation of an International Criminal Court, the Convention on the Prevention and Punishing of the Crime of Genocide, and the Convention on Genocide; and, organizations (e.g., United Nations War Crimes Commission, The NÜrnberg International Military Tribunal and the General Assembly) considering and discussing issues connected to or directly dealing with the establishment of such an institution.Google Scholar
ii. Articles Google Scholar
Baez, Jose A.An international crimes court: further tales of the King of Corinth,” Georgia Journal of International & Comparative Law 23 (1993): 289325.Google Scholar
Bassiouni, M. Cherif. “Establishing An International Criminal Court: Historical Survey,” Military Law Review 149 (1995): 4967.Google Scholar
Bassiouni, M. Cherif. “From Versailles to Rwanda in Seventy-Five Years: The Need to Establish a Permanent International Criminal Court,” Harvard Human Rights Journal 10 (1997): 1162.Google Scholar
Bassiouni, M. Cherif. “The International Criminal Court in Historical Context,” St. Louis-Warsaw Transatlantic Law Journal 99 (1999): 5570.Google Scholar
Benison, Audrey I.War Crimes: A Human Rights Approach to a Humanitarian Law Problem at the International Criminal Court,” Georgetown Law Journal 88 (1999): 141184.Google Scholar
Bleich, Jeffrey L.War Crimes and Other Human Rights Abuses in the Former Yugoslavia,” Whittier Law Review 16 (1995): 387432.Google Scholar
Brown, Bartram S.Primacy or Complementarity: Reconciling the Jurisdiction of National Courts and International Criminal Tribunals,” Yale Journal of International Law 23 (1998): 383436.Google Scholar
Concannon, Brian Jr.. “Beyond Complementarity: The International Criminal Court and National Prosecutions, A View from Haiti,” Columbia Human Rights Law Review 32 (2000): 201250.Google Scholar
Corell, Hans. “Nuremberg and the Development of an International Criminal Court,” Military Law Review 149 (1995): 8799.Google Scholar
Ferencz, Benjamin B.International Criminal Courts: The Legacy of Nuremberg,” Pace International Law Review 10 (1998): 203227.Google Scholar
Gallant, Kenneth S.The Role and Powers of Defense Counsel in the Rome Statute of the International Criminal Court,” International Law 34 (2000): 2144.Google Scholar
Heath, John William Jr.. “Journey Over “Strange Ground”: From Demjanjuk to the International Criminal Court Regime,” Georgetown Immigration Law Journal 13 (1999): 383413.Google Scholar
Hwang, Phyllis. “Defining Crimes Against Humanity in the Rome Statute of the International Criminal Court,” Fordham International Law Journal 22 (1998): 457504.Google Scholar
Janis, Mark W.The Utility of International Criminal Courts,” Connecticut Journal of International Law 12 (1997): 161171.Google Scholar
Levy, Ayelet. “Israel Rejects its Own Offspring: The International Criminal Court,” Loyola of Los Angeles International & Comparative Law Review 22 (1999): 207254.Google Scholar
Lippman, Matthew. “Towards and International Criminal Court,” San Diego Justice Journal 3 (1995): 1125.Google Scholar
Massimino, Elisa C.Prospects for the Establishment of an International Criminal Court,” Whittier Law Review 19 (1997): 317- 323.Google Scholar
McGrath, Christopher J.Today's Transnational Crime Epidemic: The Necessity of an International Criminal Court to Battle Misdeeds which Transcend National Borders,” Detroit College of Law Journal of International Law & Practice 135 (1997): 135156.Google Scholar
Noone, Gregory P. Lieutenant Commander, JAGC, U.S. Navy. “An Introduction to the International Criminal Court,” Naval Law Review 46 (1999): 112156.Google Scholar
Rancillio, Peggy E.From Nuremberg to Rome: Establishing an International Criminal Court and the Need for U.S. Participation,” University of Detroit Mercy Law Review 77 (1999): 155201.Google Scholar
Sadat, Leila Nadya. “The Establishment of the International Criminal Court: From The Hague to Rome and Back Again,” Journal of International & Practice 8 (1999): 97118.Google Scholar
Tiefenbrun, Susan W.The Paradox of International Adjudication: Developments in the International Criminal Tribunals for the Former Yugoslavia and Rwanda, the World Court, and the International Criminal Court,” North Carolina Journal of International Law & Commercial Regulation 25 (2000): 551596.Google Scholar
White, Jamison G.Nowhere to Run, nowhere to Hide: Augusto Pinochet, Universal Jurisdiction, the ICC, and a Wake-Up Call For Former Heads of State,” Case Western Reserve Law Review 50 (1999): 127181.Google Scholar

III. The 1998 Rome Conference

Watch, Human Rights. Justice in the Balance: Recommendations for an Independent and Effective International Criminal Court. New York, N.Y.: Human Rights Watch, 1998. viii, 166 p.Google Scholar
Human Rights Watch prepared this commentary on what it believed to be the key issues to be resolved at the ICC Diplomatic Conference in Rome. Included in the book are the issues of the ICC's jurisdiction, the role of the Security Council, general principles of criminal law, the court's composition and functions, and the statute's ratification. The recommendations and comments relate to the articles of the Report of the Preparatory Committee on the Establishment of an International Criminal Court, Draft Statute & Draft Final Act (UN Doc.A/CONF.183/2/Add.1) are provided.Google Scholar
Lee, Roy S. ed. The International Criminal Court, Elements of Crimes and Rules of Procedure and Evidence. Ardsley, NY: Transnational Publishers, 2001. lxvi, 857 p.Google Scholar
This compilation, which is the continuation and companion of the book entitled, The International Criminal Court, the Making of the Rome Statute: Issues, Negotiations, Results, has contributions from twenty-eight authors (including three associate editors and contributors, Håkan Friman, Silvia A. Fernández de Gurmendi, Herman von Hebel, and Darryl Robinson), who discuss different aspects of the legislative history of both the Elements of Crimes and the Rules of Procedure and Evidence of the International Criminal Court. Kofi Annan, Secretary-General of the UN provides the Preface. The book is divided into three parts, Part One and Part Two is on each of the two respective instruments, whereas Part Three is on and entitled NGOs Contribution to the Making of the Elements and Rules. At the end of the book the two instruments are in the appendices and there is an index.Google Scholar
Lee, Roy S., ed. The International Criminal Court, the Making of the Rome Statute: Issues, Negotiations, Results. The Hague, The Neth.: Kluwer Law international, 1999. xxxv, 657 p.Google Scholar
This compilation was designed to serve as an authoritative, objective account of the negotiating history of the Rome Statute. The nineteen chapters (including the introduction by the editor and an epilogue) were authored by twenty-eight experts from seventeen countries, many of who were active participants in the preparatory stages to the 1998 conference and are continuing their work at the Preparatory Commission. The chapters cover the substantive and procedural issues raised during the preparatory stages and at the conference. Examples include a chapter on the principle of complementarity, crimes within the jurisdiction of the court, the jurisdiction of the court, international criminal law procedures, penalties, gender issues, participation of NGOs, financing of the court and its future. The end of the book contains the Rome Statute, Resolution F adopted on July 17, 1998 at the conference, and the views and comments by the attending governments (including the United States objections to the treaty). Includes index.Google Scholar
ii. Articles Google Scholar
Arsnjani, Mahnoush H.The Rome Statute of the International Criminal Court,” American Journal of International Law 93 (1999): 2243.Google Scholar
Bassiouni, M. Cherif. “Negotiating the Treaty of Rome on the Establishment of an International Criminal Court,” Cornell International Law Journal 32 (1999): 443469.Google Scholar
Bos, Adriaan. “Dedicated to the Adoption of the Rome Statute of the International Criminal Court 1948-1998: The Universal Declaration of Human Rights and the Statute of the International Criminal Court,” Fordham International Law Journal 22 (1998): 229235.Google Scholar
Detroit College of Law at Michigan State University. “Treaty: Rome Statute of the International Criminal Court,” Journal of International Law & Practice 8 (1999): 227271.Google Scholar
“Final Act of the United Nations Diplomatic Conference on the Establishment of an International Criminal Court, Done at Rome on 17 July 1998,” Indiana Journal of International Law 39 (1) 1999): 125-225.Google Scholar
Hsu, Yuan-Ying. “The International Criminal Court: The Making of the Rome Statute: Issues, Negotiations, Results. Edited by Roy S. Lee. Cambridge, Massachusetts: Kluwer Law International, 1999. Pp. xxxv, 657. $177.00,” New York University Journal of International Law & Politics 32 (2000): 845848.Google Scholar
Jarasch, Frank. “Establishment, Organization and Financing of the International Criminal Court (Parts I, IV, XI-XIII),” European Journal of Crime, Criminal Law & Criminal Justice 6 (4) (1998): 325344.Google Scholar
Keatts, Brian D.The International Criminal Court: Far From Perfect,” New York Law School Journal of International & Comparative Law 20 (2000): 137151.Google Scholar
Kirsch, Phillippe. “The Rome Conference on an International Criminal Court: the Negotiating Process,” American Journal of International Law 93 (1999): 2-17.Google Scholar
Marler, Melissa K.The International Criminal Court: Assessing the Jurisdictional Loopholes in the Rome Statute,” Duke Law Journal 49 (1999): 825853.Google Scholar
Martin, David A.Haste, Gaps, and Some Possible Cures for the ICC: An Introduction to the Panel,” Virginia Journal of International Law 41 (2000): 152163.Google Scholar
McCormack, Timothy L.J.Jurisdictional Aspects of the Rome Statute for the New International Criminal Court,” Melbourne University Law Review 23 (1999): 635677.Google Scholar
Meier, Mike and Schmertz, John R.. “By Large Majority, U.N. Conference in Rome Approves Permanent International Criminal Court,” International Law Update 4 (1998): 88.Google Scholar
Newton, Michael A.Comparative Complementarity: Domestic Jurisdiction Consistent with the Rome Statute of the International Criminal Court,” Military Law Review 167 (2001): 2073.Google Scholar
Pejic, Jelena. “The International Criminal Court Statute: An Appraisal of the Rome Package,” International Law 34 (2000): 6584.Google Scholar
Plachta, Michael. “Contribution of the Rome Diplomatic Conference for the Establishment of the ICC to the Development of International Criminal Law,” University of California at Davis Journal of International Law & Policy 5 (1999): 181-198.Google Scholar
Robinson, Darryl. “Developments in International Criminal Law: Defining Crimes Against Humanity at the Rome Conference,” American Journal of International Law 93 (1999): 43-57.Google Scholar
Saulle, Maria Rita. “The International Criminal Court,” University of California at Davis Journal of International Law & Policy 5 (1999): 119131.Google Scholar
Watch, Human Rights. Justice in the Balance: Recommendations for an Independent and Effective International Criminal Court. New York, N.Y.: Human Rights Watch, 1998. viii, 166 p.Google Scholar
Human Rights Watch prepared this commentary on what it believed to be the key issues to be resolved at the ICC Diplomatic Conference in Rome. Included in the book are the issues of the ICC's jurisdiction, the role of the Security Council, general principles of criminal law, the court's composition and functions, and the statute's ratification. The recommendations and comments relate to the articles of the Report of the Preparatory Committee on the Establishment of an International Criminal Court, Draft Statute & Draft Final Act (UN Doc.A/CONF.183/2/Add.1) are provided.Google Scholar
Lee, Roy S. ed. The International Criminal Court, Elements of Crimes and Rules of Procedure and Evidence. Ardsley, NY: Transnational Publishers, 2001. lxvi, 857 p.Google Scholar
This compilation, which is the continuation and companion of the book entitled, The International Criminal Court, the Making of the Rome Statute: Issues, Negotiations, Results, has contributions from twenty-eight authors (including three associate editors and contributors, Håkan Friman, Silvia A. Fernández de Gurmendi, Herman von Hebel, and Darryl Robinson), who discuss different aspects of the legislative history of both the Elements of Crimes and the Rules of Procedure and Evidence of the International Criminal Court. Kofi Annan, Secretary-General of the UN provides the Preface. The book is divided into three parts, Part One and Part Two is on each of the two respective instruments, whereas Part Three is on and entitled NGOs Contribution to the Making of the Elements and Rules. At the end of the book the two instruments are in the appendices and there is an index.Google Scholar
Lee, Roy S., ed. The International Criminal Court, the Making of the Rome Statute: Issues, Negotiations, Results. The Hague, The Neth.: Kluwer Law international, 1999. xxxv, 657 p.Google Scholar
This compilation was designed to serve as an authoritative, objective account of the negotiating history of the Rome Statute. The nineteen chapters (including the introduction by the editor and an epilogue) were authored by twenty-eight experts from seventeen countries, many of who were active participants in the preparatory stages to the 1998 conference and are continuing their work at the Preparatory Commission. The chapters cover the substantive and procedural issues raised during the preparatory stages and at the conference. Examples include a chapter on the principle of complementarity, crimes within the jurisdiction of the court, the jurisdiction of the court, international criminal law procedures, penalties, gender issues, participation of NGOs, financing of the court and its future. The end of the book contains the Rome Statute, Resolution F adopted on July 17, 1998 at the conference, and the views and comments by the attending governments (including the United States objections to the treaty). Includes index.Google Scholar
ii. Articles Google Scholar
Arsnjani, Mahnoush H.The Rome Statute of the International Criminal Court,” American Journal of International Law 93 (1999): 2243.Google Scholar
Bassiouni, M. Cherif. “Negotiating the Treaty of Rome on the Establishment of an International Criminal Court,” Cornell International Law Journal 32 (1999): 443469.Google Scholar
Bos, Adriaan. “Dedicated to the Adoption of the Rome Statute of the International Criminal Court 1948-1998: The Universal Declaration of Human Rights and the Statute of the International Criminal Court,” Fordham International Law Journal 22 (1998): 229235.Google Scholar
Detroit College of Law at Michigan State University. “Treaty: Rome Statute of the International Criminal Court,” Journal of International Law & Practice 8 (1999): 227271.Google Scholar
“Final Act of the United Nations Diplomatic Conference on the Establishment of an International Criminal Court, Done at Rome on 17 July 1998,” Indiana Journal of International Law 39 (1) 1999): 125-225.Google Scholar
Hsu, Yuan-Ying. “The International Criminal Court: The Making of the Rome Statute: Issues, Negotiations, Results. Edited by Roy S. Lee. Cambridge, Massachusetts: Kluwer Law International, 1999. Pp. xxxv, 657. $177.00,” New York University Journal of International Law & Politics 32 (2000): 845848.Google Scholar
Jarasch, Frank. “Establishment, Organization and Financing of the International Criminal Court (Parts I, IV, XI-XIII),” European Journal of Crime, Criminal Law & Criminal Justice 6 (4) (1998): 325344.Google Scholar
Keatts, Brian D.The International Criminal Court: Far From Perfect,” New York Law School Journal of International & Comparative Law 20 (2000): 137151.Google Scholar
Kirsch, Phillippe. “The Rome Conference on an International Criminal Court: the Negotiating Process,” American Journal of International Law 93 (1999): 2-17.Google Scholar
Marler, Melissa K.The International Criminal Court: Assessing the Jurisdictional Loopholes in the Rome Statute,” Duke Law Journal 49 (1999): 825853.Google Scholar
Martin, David A.Haste, Gaps, and Some Possible Cures for the ICC: An Introduction to the Panel,” Virginia Journal of International Law 41 (2000): 152163.Google Scholar
McCormack, Timothy L.J.Jurisdictional Aspects of the Rome Statute for the New International Criminal Court,” Melbourne University Law Review 23 (1999): 635677.Google Scholar
Meier, Mike and Schmertz, John R.. “By Large Majority, U.N. Conference in Rome Approves Permanent International Criminal Court,” International Law Update 4 (1998): 88.Google Scholar
Newton, Michael A.Comparative Complementarity: Domestic Jurisdiction Consistent with the Rome Statute of the International Criminal Court,” Military Law Review 167 (2001): 2073.Google Scholar
Pejic, Jelena. “The International Criminal Court Statute: An Appraisal of the Rome Package,” International Law 34 (2000): 6584.Google Scholar
Plachta, Michael. “Contribution of the Rome Diplomatic Conference for the Establishment of the ICC to the Development of International Criminal Law,” University of California at Davis Journal of International Law & Policy 5 (1999): 181-198.Google Scholar
Robinson, Darryl. “Developments in International Criminal Law: Defining Crimes Against Humanity at the Rome Conference,” American Journal of International Law 93 (1999): 43-57.Google Scholar
Saulle, Maria Rita. “The International Criminal Court,” University of California at Davis Journal of International Law & Policy 5 (1999): 119131.Google Scholar

IV. International Crimes, Tribunals and Prosecution, Including the Tribunals for the Former Yugoslavia and Rwanda

Bass, Gary Jonathan. Stay the Hand of Vengeance: the Politics of War Crimes Tribunals Princeton, N.J.: Princeton University Press, 2000. 402 p.Google Scholar
The book touches on the history of the politics that has underpinned war crimes tribunals. Historical coverage is given to the attempts to address war crimes from major events primarily the aftermath of the Napoleonic Wars, World War I, the Armenian genocide, World War II and the Holocaust, and the wars in former Yugoslavia. Includes bibliographical references and an index.Google Scholar
Ball, Howard. Prosecuting War Crimes and Genocide: the Twentieth-Century Experience. Lawrence, Kan.: University Press of Kansas, 1999. x, 288 p.Google Scholar
The book addresses issues of war crimes and genocide that have occurred during the twentieth century. By providing an historical overview, it tries to show the development of definition for international crimes, international jurisdiction, and international trial and punishment for international crimes.Google Scholar
It traces the events starting with the 1899 Geneva Accords. It covers the World War I period; WWII in Europe and Asia; the prosecution of war criminals in each of those two areas, i.e., the Nuremberg trials and the Far East Tribunal, respectively; the genocide that occurred in Cambodia; the “ethnic cleansing” in the Balkans and the formation of the International Criminal Tribunal for the Former Yugoslavia; the genocide in Rwanda and the establishment of the International Criminal Tribunal to address that genocide; and, the formation of the ICC under the Rome Statute, its problems and its prospects. The book also has bibliographical references (p. 269277) and an index.Google Scholar
Bassiouni, M. Cherif and Peter Manikas. The Law of the International Criminal Tribunal for the Former Yugoslavia. Irvington, N.Y.: Transnational Publishers, Inc., 1996. xxxiii, 1092 p.Google Scholar
This book provides the reader with an extensive coverage of the International Criminal Tribunal for the Former Yugoslavia. It includes an overview of the background of the conflict in the Former Yugoslavia, the events leading up to the establishment of the International Criminal Tribunal and the development of issues of legality and jurisdiction under domestic and international law. Comprehensive coverage is given to the law of the Tribunal along with comments from the author. At the end of the book there are tables of Treaties and International Agreements, and United Nations Documents. Includes bibliographical references and an index.Google Scholar
Beigbeder, Yves. Judging War Criminals: the Politics of International Justice. New York, N.Y.: St. Martin's Press, Inc., 1999. xvii, 230 p.Google Scholar
The author brings together the historical background of the development of international criminal law and the slow birth of the ICC. Each chapter is dedicated to a particular topic, such as the Nuremberg Tribunal and the Tokyo Trial and the events leading up to them. There is also a chapter specifically on the ICC. Includes bibliographical references (p. 219220) and an index.Google Scholar
Bloed, Arie, et al., ed. Monitoring Human Rights: Comparing International Procedures and Mechanisms. Dordrecht, The Neth.: Martinus Nijhoff Publishers, 1993. xvi, 338 p.Google Scholar
A compilation of essays by legal scholars on the different monitoring mechanisms used on international human rights violations. The compilation came out of a working group of experts who meet to discussion international mechanisms for the monitoring and protection of human rights and the prevention of human rights violations in Europe. Reviewed are the mechanisms under the United Nations, the Conference on Security and Cooperation in Europe, the Council of Europe and the European Community. Expressed by the contributors are recommendations for the future. Included are two chapters on the tribunal for the former Yugoslavia, one tracing the historical development to its establishment and the other its successes and failures. References are found throughout the book to the need for a permanent ICC or tribunal. Includes bibliographical references and an index.Google Scholar
Clark, Roger S. and Sann, Madeleine. eds. The Prosecution of International Crimes: A Critical Study of the International Tribunal for the Former Yugoslavia. New Brunswick, N.J.: Transaction Publishers, 1996. xi, 502 p.Google Scholar
This book contains a series of essays, written by various scholars and experts (e.g., M. Cherif Bassiouni) which appeared in a special issue of Criminal Law Forum: an International Journal. The focus of these essays is on International Tribunal for the Former Yugoslavia. Specially, there are essays on the precedent leading up to and facilitating the creation of this ad hoc tribunal; issues concerning the establishment of the tribunal; and concerns raised from rules of procedure to evidentiary issues. In addition, the book has an Appendixes section containing copies of United Nations documents, such as Security Council resolutions and the Rules of Procedure and Evidence of the Tribunal. Includes bibliographical references (p. 252255).Google Scholar
Dugard, John and van den Wyngaert, Christine, eds. International Criminal Law and Procedure. Aldershot, Eng.; Brookfield, Wis.: 1996. xxi, 524 p.Google Scholar
The editors reprinted a series of articles written by scholars in the area of international criminal law. The articles fall under seven parts, dealing with the nature of international criminal law, jurisdictional problems, extradition and abduction, mutual legal assistance, international crimes, the ICC, and, justice after transition. The part on the ICC has three articles, authored by M. Cherif Bassiouni and Christopher L. Blakesley, Peters Burns and James Crawford, respectively. The Bassiouni/Blakesley article advocates for the establishment of a permanent ICC, trace the development of the concept, and try to counter the fears surrounding it. The Burns article primarily focuses on the Tribunal for the Former Yugoslavia, placing it in historical and political context, such as the influence of the International Law Commission and Professor Bassiouni toward the establishment of an ICC. The Crawford article focuses on the Draft Statute of the International Law Commission, discussing such matters as the proposed court's jurisdiction and the crimes covered therein. Includes bibliographical references and an index.Google Scholar
Kotliar, Vladimir S. The Work of the Commission of Experts Established Pursuant to Security Council Resolution 780 (1992) to Investigate Violations of International Humanitarian Law in the Former Yugoslavia in International Legal Issues Arising Under the United Nations Decade of International Law 793-815. (Najeeb Al-Nauimi and Richard Meese eds, 1995). (The Hague, The Neth,: Martinus Nijhoff Publishers, xxxi, 1338 p.)Google Scholar
One of the papers presented at the March 22-25, 1994 Qatar International Law Conference, discussed, therein, is an overview of, as the title states, the work of the Commission of Experts performed to comply with Security Council Resolution 780.Google Scholar
Lescure, Karine and Trintignac, Florence. International Justice for Former Yugoslavia. The Hague, The Neth., 1996. xix, 192 p.Google Scholar
The authors worked with the Centre de Droit International (CEDIN), the Fédération Internationale des Ligues des Droits de l'Homme (FIDH) and the Médecins sans Frontières (MSF), Their book starts by detailing the structure, the jurisdiction and the procedures of the Tribunal for the Former Yugoslavia. It moves on to an discussion of issues pertaining to finances and budget, particularly the distribution of aid to victims and witnesses; and the protection of victims and witnesses during the whole proceedings - including preceding and subsequent the trial. Then the authors analyze the issues involved in trying the criminals, such as the apportionment of jurisdiction between the Tribunal and the national courts; and obtaining or proceeding with the custody of the accused and the prosecution and responsibility of that person.Google Scholar
Interspersed are reprints of newspaper articles and boxes with useful information, e.g., excerpts of conventions, extracts of reports and other matters. At the end of the book are appendices containing Security Council Resolutions 808 and 827 and Rules of Procedure and evidence of the Hague Tribunal. Includes bibliographical references (p. 101).Google Scholar
Morris, Virginia. An Insider's Guide to the International Criminal Tribunal for the Former Yugoslavia: a Documentary History and Analysis. 2 Vol. Irvington-on-Hudson, N.Y.: Transnational Publishers, Inc., 1995. (Vol. 1 xxiii, 501 p. & Vol. 2 ix, 691 p.)Google Scholar
Both authors held official positions at the United Nations and the United States Department of State, and were involved in the creation of the International Criminal Tribunal for the Former Yugoslavia. Volume 1 chronicles the development of the Tribunal, the legal basis for the Tribunal, the applicable laws, the organization and management of the Tribunal, and the future implications of establishing permanent international criminal tribunals to respond to horrendous atrocities that violate the rule of law. Throughout this volume there are also mentions of the establishment of a permanent ICC. An annex, which provides a comparative chart of the proposals submitted for the statute of the Tribunal, is provided. Volume 2 contains and organizes primary documents and materials, e.g., reports, Security Counsel resolutions and records of debates, nation-state proposals on the organization, procedures and evidence of the tribunal, and international tribunal documents. Includes bibliographical references (p. 463487) and an index, both found in volume 1.Google Scholar
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The first volume (xx, 743 p.) provides in depth discussion of the history and significance of the Rwanda Tribunal in the context of the evolution toward a permanent international criminal court. The legal and factual basis for the establishment of the Tribunal, its jurisdiction, its organization and substantive and procedural processes are discussed. This volume covers the material in sixteen chapters.Google Scholar
Volume 2 (571 p.) contains an extensive collection of documents pertaining to the Rwanda Tribunal. Starting with the Rwanda Tribunal's statute, Rules of Procedure and Evidence and the first two annual reports. Reports of the Commission of Experts on Rwanda, and the Secretary-General are included. Security Council and General Assembly materials are also provided. Toward the end there are materials from Interpol, the predecessors of the Rwanda Tribunal, such as material from the Nuremberg Tribunal, the Tokyo Tribunal and the Yugoslavia Tribunal.Google Scholar
Volume 1 includes bibliographical references (p. 711727) and an index.Google Scholar
Nowakowka-Malusecka, Joanna, Ph.D. Prosecuting War Crimes by the Ad Hoc Tribunals and by the Future Permanent International Criminal Court in Legal Convergence in the Enlarged Europe of the New Millennium 191-204 (Paul L.C. Torrenmans ed., 2000). (The Hague, The Neth.; Boston, Mass.: Kluwer Law International, x, 356 p.)Google Scholar
The author is this chapter traces the 20th century evolution of the prosecution of war crimes in the international arena. An overview of the definition of war crimes is given. The major conventions influence the definition are mentioned. Then the discussion extends to the prosecution of such crimes by the International Criminal Tribunal for the Former Yugoslavia and the International Criminal Tribunal for Rwanda. Finally, the chapter delves into a discussion of war crimes as provided for by the Rome Statute of the ICC. Comparisons are made with the provisions of the statute for the ICTY.Google Scholar
Oppenheim, J. & van der Wolf, W.. Global War Crimes Tribunal Collection. Nijmegen, The Neth.: Global Law Assoc.: Holmes Beach, Fla.: Gaunt, 1997. various volumes.Google Scholar
A multi-volume set addressing international war crimes and the international war crimes tribunals, as follows, Volume I, The Rwanda Tribunal, Volume II. The Yugoslavia Tribunal; (volume II contains multiple sub-volumes); Volume III, Tribunals in the Past, Present and Future,; Volume IV, The Tribunals; Basic Documents, Reference Materials and Information-,; and, a separate index and manual. The volumes contain historical international and UN background, and reprints of primary documents and cases. Specific coverage on the history and evolution of the ICC is found in volume III as well as the inclusion of documents of other courts and tribunals which have impacted on the ICC. As to the ICC, primary documents included are the Rome Statute, the Final Act of the Plenipotentiaries of July 17, 1998 and UN resolutions. Includes bibliographical references.Google Scholar
Safferling, Christoph J.M. Towards an International Criminal Procedure. N.Y.: Oxford University Press, 2001. xxii, 395 p.Google Scholar
The book traces the historical development of international criminal procedure stemming from two main systems of national criminal procedure, that of the Anglo-American and the Continental European traditions. Discussed are the rights of the accused, the pre-trial inquiry, the indictment, the trial, the post-conviction and post-trial stages, and the future of this evolution in the international arena. The ICC is mentioned throughout the book in context to the discussion. Includes a Table of Cases (p. xi-xx), bibliographical references (p. 380390) and an index.Google Scholar
Scharf, Michael. Balkan justice: the Story Behind the First International War Crimes Trial Since Nuremberg. Durham, N.C.: Carolina Academic Press, 1997. xvii, 340 p.Google Scholar
Written by a former Attorney-Adviser for United Nations Affairs at the U.S. Department of State, the book provides the historical background, dating back to Nuremberg to Bosnia, leading up to the establishment of the International Criminal Tribunal for the Former Yugoslavia and the procedural and substantial issues raised. The highlight of the book is the extensive discussion of the first defendant, Dusko Tadic, who was brought before the Tribunal. The book chronicles the capture of Tadic and the trial proceedings. There is an appendix, bibliographical references (p. 317324) and an index.Google Scholar
Wippman, David. Can an International Criminal Court Prevent and Punish Genocide ?, in Protection Against Genocide: Mission Impossible 85-104 (Neil Riemer ed., 2000). (Westport, Conn: Praeger Publishers, 2000. 193 p.)Google Scholar
Mr. Wippman's contribution to the book on genocide is to focus on the ICC. The chapter gives an overview of the promise and problems the ICC represents in preventing and punishing genocide. Discussed are the shortfalls of the court, e.g., the limitations of the definition of genocide in the Rome Treaty, its lack of jurisdiction over nonmembers to the treaty and the failure to have the U.S. as a member; and its promise, e.g., its possible deterrence effect and its effectively eliminating the need to selectively in the establishment of a tribunal to deal with a specific crisis as was done with the Former Yugoslavia and Rwanda. A brief history of the court is also provided, with the seed of the court dating back to the Nuremberg and Tokyo international criminal tribunals and the 1948 Genocide Convention, which envisioned genocide prosecution being handled by an international penal tribunal as well as national courts. Also discussed are the issues that arose with the U.S., the compromises it sought, the failure of it to sign on to the Rome Treaty, and the effects of its nonparticipation.Google Scholar
Zacklin, Ralph. Trials and Tribulations: Some Legal and Constitutional Problems in the Making of an International War Crimes Tribunal in International Legal Issues Arising Under the United Nations Decade of International Law 711-723. (Najeeb Al-Nauimi and Richard Meese eds, 1995). (The Hague, The Neth,: Martinus Nijhoff Publishers, xxxi, 1338 p.)Google Scholar
One of the papers presented at the March 22-25, 1994 Qatar International Law Conference. The author raises and discusses the main issues the UN Security-General considered during the preparation and drafting of the report and statute of the war crimes tribunal for the Former Yugoslavia.Google Scholar
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Bassiouni, M. Cherif. “Organization of the International Criminal Court: Administrative and Financial Issues,” Denver Journal of International Law & Policy 25 (1997): 333383.Google Scholar
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Cassel, Douglass. “Essay: The ICC's New Legal Landscape: The Need to Expand U.S. Domestic Jurisdiction to Prosecute Genocide, War Crimes, and Crimes Against Humanity,” Fordham International Law Journal 23 (1999): 378398.Google Scholar
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Cervasio, Christine E.Extradition and the International Criminal Court: The Future of the Political Offense Doctrine,” Pace International Law Review 11 (1999): 419447.Google Scholar
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Deming, Stuart H.War Crimes and International Criminal Law,” Akron Law Review 28 (1995): 421428.Google Scholar
Dormann, Knut. “ICC Contributions by the Ad Hoc Tribunals for the Former Yugoslavia and Rwanda to the Ongoing Work on Elements of Crimes in the Context of the ICC,” American Society of International Law Proceedings 94 (2000): 284-286.Google Scholar
Goldstone, Richard Judge. “Living History Interview,” Transnational Law & Contemporary Problems 5 (1995): 373385.Google Scholar
Green, L.C.Command Responsibility in International Humanitarian Law,” Transnational Law & Contemp. Problems 5 (1995): 319371.Google Scholar
Groff, Joshua D.A Proposal for Diplomatic Accountability Using the Jurisdiction of the International Criminal Court: The Decline of an Absolute Sovereign Right,” Temple International & Comparative Law Journal 14 (2000): 209242.Google Scholar
Gustafson, Carrie. “International Criminal Courts: Some Dissident Views on the Continuation of War By Penal Means,” Houston Journal of International Law 21 (1998): 5183.Google Scholar
Kelly, Michael J.Case Studies “Ripe” For the International Criminal Court: Practical Applications for the Pinochet, Ocalan, and Libyan Bomber Trials,” Journal of International Law & Practice 8 (1999): 2146.Google Scholar
Morris, Madeline H.Rwandan Justice and the International Criminal Court,” ILSA Journal of International & Comparative Law 5 (1999): 351358.Google Scholar
Mugwanya, George William. “Expunging the Ghost of Impunity for Severe and Gross Violations of Human Rights and the Commission of Delicti Jus Gentium: A Case for the Domestication of International Criminal Law and the Establishment of a Strong Permanent International Criminal Court,” Michigan State University-DCL Journal of International Law 8 (1999): 701777.Google Scholar
Paust, Jordan J.Nullum Crimen and Related Claims,” Denver Journal of International Law & Policy 25 (1997): 321337.Google Scholar
Pejic, Jelena. “The Tribunal and the ICC: Do Precedents Matter?,” Albany Law Review 60 (1997): 841862.Google Scholar
Pickard, Daniel B.Security Council Resolution 808: A Step Toward a Permanent International Court for the Prosecution of International Crimes and Human Rights Violations,” Golden Gate University Law Review 25 (1995): 435462.Google Scholar
Popoff, Evo. “Inconsistency and Impunity in International Human Rights Law: Can the International Criminal Court Solve the Problems Raised by the Rwanda and Augusto Pinochet Cases,” George Washington International Law Review 33 (2001): 363395.Google Scholar
Prescott, Jody M.Litigating Genocide: A Consideration of the International Criminal Court in Light of the German Jews’ Legal Response to Nazi Persecution, 1933-1941,” University of Maine Law Review 51 (1999): 297354.Google Scholar
Ryan, Samantha I.From the Furies of Nanking to the Eumenides of the International Criminal Court; The evolution of Sexual Assaults as International Crimes,” Pace International Law Review 11 (1999): 447486.Google Scholar
Scharf, Michael P.The Amnesty Exception to the Jurisdiction of the International Criminal Court,” Cornell International Law Journal 32 (1999): 507513.Google Scholar
Scharf, Michael P.A Critique of the Yugoslavia War Crimes Tribunal,” Denver Journal of International Law & Policy 25 (1997): 305312.Google Scholar
Stapleton, Sara. “Ensuring A fair Trial in the International Criminal Court: Statutory Interpretation and the Impermissibility of Derogation,” New York University Journal of International Law & Politics 31 (1999): 535- 604.Google Scholar
Stoelting, David. “The Rome Treaty on the International Criminal Court,” International Lawyer 33 (1999): 613618.Google Scholar
Tiefenbrun, Susan W.The Paradox of International Adjudication: Developments in the International Criminal Tribunals for the Former Yugoslavia and Rwanda, the World Court, and the International Criminal Court,” North Carolina Journal of International Law & Commercial Regulation 25 (2000): 551596.Google Scholar
Villa-Vicencio, Charles. “Why Perpetrators Should Not Always Be Prosecuted: Where the International Criminal Court and Truth Commissions Meet,” Emory Law Journal 49 (2000): 205222.Google Scholar
van der Vyver, Johan D.Personal and Territorial Jurisdiction of the International Criminal Court,” Emory International Law Review 14 (2000): 179.Google Scholar
Warbrick, Colin. “The United Nations System: A Place for Criminal Courts?Transnational Law & Contemp. Problems 5 (1995): 237261.Google Scholar
White, Jamison G.Nowhere to Run, Nowhere to Hide: Augusto Pinochet, Universal Jurisdiction, the ICC, and a Wake-up Call for Former Heads of State,” Case Western Reserve Law Review 50 (1999): 127181.Google Scholar
Wright, William F.Limitations on the Prosecution of International Terrorists by the International Criminal Court,” Journal of International Law & Practice 8 (1999): 139150.Google Scholar
Zelniker, Lindsay. “Towards a Functional International Criminal Court: An Argument in Favor of a Strong Privileges and Immunities Agreement,” Fordham International Law Journal 24 (2001): 9881027.Google Scholar
Bass, Gary Jonathan. Stay the Hand of Vengeance: the Politics of War Crimes Tribunals Princeton, N.J.: Princeton University Press, 2000. 402 p.Google Scholar
The book touches on the history of the politics that has underpinned war crimes tribunals. Historical coverage is given to the attempts to address war crimes from major events primarily the aftermath of the Napoleonic Wars, World War I, the Armenian genocide, World War II and the Holocaust, and the wars in former Yugoslavia. Includes bibliographical references and an index.Google Scholar
Ball, Howard. Prosecuting War Crimes and Genocide: the Twentieth-Century Experience. Lawrence, Kan.: University Press of Kansas, 1999. x, 288 p.Google Scholar
The book addresses issues of war crimes and genocide that have occurred during the twentieth century. By providing an historical overview, it tries to show the development of definition for international crimes, international jurisdiction, and international trial and punishment for international crimes.Google Scholar
It traces the events starting with the 1899 Geneva Accords. It covers the World War I period; WWII in Europe and Asia; the prosecution of war criminals in each of those two areas, i.e., the Nuremberg trials and the Far East Tribunal, respectively; the genocide that occurred in Cambodia; the “ethnic cleansing” in the Balkans and the formation of the International Criminal Tribunal for the Former Yugoslavia; the genocide in Rwanda and the establishment of the International Criminal Tribunal to address that genocide; and, the formation of the ICC under the Rome Statute, its problems and its prospects. The book also has bibliographical references (p. 269277) and an index.Google Scholar
Bassiouni, M. Cherif and Peter Manikas. The Law of the International Criminal Tribunal for the Former Yugoslavia. Irvington, N.Y.: Transnational Publishers, Inc., 1996. xxxiii, 1092 p.Google Scholar
This book provides the reader with an extensive coverage of the International Criminal Tribunal for the Former Yugoslavia. It includes an overview of the background of the conflict in the Former Yugoslavia, the events leading up to the establishment of the International Criminal Tribunal and the development of issues of legality and jurisdiction under domestic and international law. Comprehensive coverage is given to the law of the Tribunal along with comments from the author. At the end of the book there are tables of Treaties and International Agreements, and United Nations Documents. Includes bibliographical references and an index.Google Scholar
Beigbeder, Yves. Judging War Criminals: the Politics of International Justice. New York, N.Y.: St. Martin's Press, Inc., 1999. xvii, 230 p.Google Scholar
The author brings together the historical background of the development of international criminal law and the slow birth of the ICC. Each chapter is dedicated to a particular topic, such as the Nuremberg Tribunal and the Tokyo Trial and the events leading up to them. There is also a chapter specifically on the ICC. Includes bibliographical references (p. 219220) and an index.Google Scholar
Bloed, Arie, et al., ed. Monitoring Human Rights: Comparing International Procedures and Mechanisms. Dordrecht, The Neth.: Martinus Nijhoff Publishers, 1993. xvi, 338 p.Google Scholar
A compilation of essays by legal scholars on the different monitoring mechanisms used on international human rights violations. The compilation came out of a working group of experts who meet to discussion international mechanisms for the monitoring and protection of human rights and the prevention of human rights violations in Europe. Reviewed are the mechanisms under the United Nations, the Conference on Security and Cooperation in Europe, the Council of Europe and the European Community. Expressed by the contributors are recommendations for the future. Included are two chapters on the tribunal for the former Yugoslavia, one tracing the historical development to its establishment and the other its successes and failures. References are found throughout the book to the need for a permanent ICC or tribunal. Includes bibliographical references and an index.Google Scholar
Clark, Roger S. and Sann, Madeleine. eds. The Prosecution of International Crimes: A Critical Study of the International Tribunal for the Former Yugoslavia. New Brunswick, N.J.: Transaction Publishers, 1996. xi, 502 p.Google Scholar
This book contains a series of essays, written by various scholars and experts (e.g., M. Cherif Bassiouni) which appeared in a special issue of Criminal Law Forum: an International Journal. The focus of these essays is on International Tribunal for the Former Yugoslavia. Specially, there are essays on the precedent leading up to and facilitating the creation of this ad hoc tribunal; issues concerning the establishment of the tribunal; and concerns raised from rules of procedure to evidentiary issues. In addition, the book has an Appendixes section containing copies of United Nations documents, such as Security Council resolutions and the Rules of Procedure and Evidence of the Tribunal. Includes bibliographical references (p. 252255).Google Scholar
Dugard, John and van den Wyngaert, Christine, eds. International Criminal Law and Procedure. Aldershot, Eng.; Brookfield, Wis.: 1996. xxi, 524 p.Google Scholar
The editors reprinted a series of articles written by scholars in the area of international criminal law. The articles fall under seven parts, dealing with the nature of international criminal law, jurisdictional problems, extradition and abduction, mutual legal assistance, international crimes, the ICC, and, justice after transition. The part on the ICC has three articles, authored by M. Cherif Bassiouni and Christopher L. Blakesley, Peters Burns and James Crawford, respectively. The Bassiouni/Blakesley article advocates for the establishment of a permanent ICC, trace the development of the concept, and try to counter the fears surrounding it. The Burns article primarily focuses on the Tribunal for the Former Yugoslavia, placing it in historical and political context, such as the influence of the International Law Commission and Professor Bassiouni toward the establishment of an ICC. The Crawford article focuses on the Draft Statute of the International Law Commission, discussing such matters as the proposed court's jurisdiction and the crimes covered therein. Includes bibliographical references and an index.Google Scholar
Kotliar, Vladimir S. The Work of the Commission of Experts Established Pursuant to Security Council Resolution 780 (1992) to Investigate Violations of International Humanitarian Law in the Former Yugoslavia in International Legal Issues Arising Under the United Nations Decade of International Law 793-815. (Najeeb Al-Nauimi and Richard Meese eds, 1995). (The Hague, The Neth,: Martinus Nijhoff Publishers, xxxi, 1338 p.)Google Scholar
One of the papers presented at the March 22-25, 1994 Qatar International Law Conference, discussed, therein, is an overview of, as the title states, the work of the Commission of Experts performed to comply with Security Council Resolution 780.Google Scholar
Lescure, Karine and Trintignac, Florence. International Justice for Former Yugoslavia. The Hague, The Neth., 1996. xix, 192 p.Google Scholar
The authors worked with the Centre de Droit International (CEDIN), the Fédération Internationale des Ligues des Droits de l'Homme (FIDH) and the Médecins sans Frontières (MSF), Their book starts by detailing the structure, the jurisdiction and the procedures of the Tribunal for the Former Yugoslavia. It moves on to an discussion of issues pertaining to finances and budget, particularly the distribution of aid to victims and witnesses; and the protection of victims and witnesses during the whole proceedings - including preceding and subsequent the trial. Then the authors analyze the issues involved in trying the criminals, such as the apportionment of jurisdiction between the Tribunal and the national courts; and obtaining or proceeding with the custody of the accused and the prosecution and responsibility of that person.Google Scholar
Interspersed are reprints of newspaper articles and boxes with useful information, e.g., excerpts of conventions, extracts of reports and other matters. At the end of the book are appendices containing Security Council Resolutions 808 and 827 and Rules of Procedure and evidence of the Hague Tribunal. Includes bibliographical references (p. 101).Google Scholar
Morris, Virginia. An Insider's Guide to the International Criminal Tribunal for the Former Yugoslavia: a Documentary History and Analysis. 2 Vol. Irvington-on-Hudson, N.Y.: Transnational Publishers, Inc., 1995. (Vol. 1 xxiii, 501 p. & Vol. 2 ix, 691 p.)Google Scholar
Both authors held official positions at the United Nations and the United States Department of State, and were involved in the creation of the International Criminal Tribunal for the Former Yugoslavia. Volume 1 chronicles the development of the Tribunal, the legal basis for the Tribunal, the applicable laws, the organization and management of the Tribunal, and the future implications of establishing permanent international criminal tribunals to respond to horrendous atrocities that violate the rule of law. Throughout this volume there are also mentions of the establishment of a permanent ICC. An annex, which provides a comparative chart of the proposals submitted for the statute of the Tribunal, is provided. Volume 2 contains and organizes primary documents and materials, e.g., reports, Security Counsel resolutions and records of debates, nation-state proposals on the organization, procedures and evidence of the tribunal, and international tribunal documents. Includes bibliographical references (p. 463487) and an index, both found in volume 1.Google Scholar
Morris, Virginia. and Scharf, Michael P.. The International Criminal Tribunal for Rwanda. 2 Vol. New York, N.Y.: 1998.Google Scholar
The first volume (xx, 743 p.) provides in depth discussion of the history and significance of the Rwanda Tribunal in the context of the evolution toward a permanent international criminal court. The legal and factual basis for the establishment of the Tribunal, its jurisdiction, its organization and substantive and procedural processes are discussed. This volume covers the material in sixteen chapters.Google Scholar
Volume 2 (571 p.) contains an extensive collection of documents pertaining to the Rwanda Tribunal. Starting with the Rwanda Tribunal's statute, Rules of Procedure and Evidence and the first two annual reports. Reports of the Commission of Experts on Rwanda, and the Secretary-General are included. Security Council and General Assembly materials are also provided. Toward the end there are materials from Interpol, the predecessors of the Rwanda Tribunal, such as material from the Nuremberg Tribunal, the Tokyo Tribunal and the Yugoslavia Tribunal.Google Scholar
Volume 1 includes bibliographical references (p. 711727) and an index.Google Scholar
Nowakowka-Malusecka, Joanna, Ph.D. Prosecuting War Crimes by the Ad Hoc Tribunals and by the Future Permanent International Criminal Court in Legal Convergence in the Enlarged Europe of the New Millennium 191-204 (Paul L.C. Torrenmans ed., 2000). (The Hague, The Neth.; Boston, Mass.: Kluwer Law International, x, 356 p.)Google Scholar
The author is this chapter traces the 20th century evolution of the prosecution of war crimes in the international arena. An overview of the definition of war crimes is given. The major conventions influence the definition are mentioned. Then the discussion extends to the prosecution of such crimes by the International Criminal Tribunal for the Former Yugoslavia and the International Criminal Tribunal for Rwanda. Finally, the chapter delves into a discussion of war crimes as provided for by the Rome Statute of the ICC. Comparisons are made with the provisions of the statute for the ICTY.Google Scholar
Oppenheim, J. & van der Wolf, W.. Global War Crimes Tribunal Collection. Nijmegen, The Neth.: Global Law Assoc.: Holmes Beach, Fla.: Gaunt, 1997. various volumes.Google Scholar
A multi-volume set addressing international war crimes and the international war crimes tribunals, as follows, Volume I, The Rwanda Tribunal, Volume II. The Yugoslavia Tribunal; (volume II contains multiple sub-volumes); Volume III, Tribunals in the Past, Present and Future,; Volume IV, The Tribunals; Basic Documents, Reference Materials and Information-,; and, a separate index and manual. The volumes contain historical international and UN background, and reprints of primary documents and cases. Specific coverage on the history and evolution of the ICC is found in volume III as well as the inclusion of documents of other courts and tribunals which have impacted on the ICC. As to the ICC, primary documents included are the Rome Statute, the Final Act of the Plenipotentiaries of July 17, 1998 and UN resolutions. Includes bibliographical references.Google Scholar
Safferling, Christoph J.M. Towards an International Criminal Procedure. N.Y.: Oxford University Press, 2001. xxii, 395 p.Google Scholar
The book traces the historical development of international criminal procedure stemming from two main systems of national criminal procedure, that of the Anglo-American and the Continental European traditions. Discussed are the rights of the accused, the pre-trial inquiry, the indictment, the trial, the post-conviction and post-trial stages, and the future of this evolution in the international arena. The ICC is mentioned throughout the book in context to the discussion. Includes a Table of Cases (p. xi-xx), bibliographical references (p. 380390) and an index.Google Scholar
Scharf, Michael. Balkan justice: the Story Behind the First International War Crimes Trial Since Nuremberg. Durham, N.C.: Carolina Academic Press, 1997. xvii, 340 p.Google Scholar
Written by a former Attorney-Adviser for United Nations Affairs at the U.S. Department of State, the book provides the historical background, dating back to Nuremberg to Bosnia, leading up to the establishment of the International Criminal Tribunal for the Former Yugoslavia and the procedural and substantial issues raised. The highlight of the book is the extensive discussion of the first defendant, Dusko Tadic, who was brought before the Tribunal. The book chronicles the capture of Tadic and the trial proceedings. There is an appendix, bibliographical references (p. 317324) and an index.Google Scholar
Wippman, David. Can an International Criminal Court Prevent and Punish Genocide ?, in Protection Against Genocide: Mission Impossible 85-104 (Neil Riemer ed., 2000). (Westport, Conn: Praeger Publishers, 2000. 193 p.)Google Scholar
Mr. Wippman's contribution to the book on genocide is to focus on the ICC. The chapter gives an overview of the promise and problems the ICC represents in preventing and punishing genocide. Discussed are the shortfalls of the court, e.g., the limitations of the definition of genocide in the Rome Treaty, its lack of jurisdiction over nonmembers to the treaty and the failure to have the U.S. as a member; and its promise, e.g., its possible deterrence effect and its effectively eliminating the need to selectively in the establishment of a tribunal to deal with a specific crisis as was done with the Former Yugoslavia and Rwanda. A brief history of the court is also provided, with the seed of the court dating back to the Nuremberg and Tokyo international criminal tribunals and the 1948 Genocide Convention, which envisioned genocide prosecution being handled by an international penal tribunal as well as national courts. Also discussed are the issues that arose with the U.S., the compromises it sought, the failure of it to sign on to the Rome Treaty, and the effects of its nonparticipation.Google Scholar
Zacklin, Ralph. Trials and Tribulations: Some Legal and Constitutional Problems in the Making of an International War Crimes Tribunal in International Legal Issues Arising Under the United Nations Decade of International Law 711-723. (Najeeb Al-Nauimi and Richard Meese eds, 1995). (The Hague, The Neth,: Martinus Nijhoff Publishers, xxxi, 1338 p.)Google Scholar
One of the papers presented at the March 22-25, 1994 Qatar International Law Conference. The author raises and discusses the main issues the UN Security-General considered during the preparation and drafting of the report and statute of the war crimes tribunal for the Former Yugoslavia.Google Scholar
ii. Articles Google Scholar
Bassiouni, M. Cherif. “Organization of the International Criminal Court: Administrative and Financial Issues,” Denver Journal of International Law & Policy 25 (1997): 333383.Google Scholar
Bos, Adriaan. “Dedicated to the Adoption of the Rome Statute of the International Criminal Court 1948-1998: The Universal Declaration of Human Rights and the Statute of the International Criminal Court,” Fordham International Law Journal 22 (1998): 229235.Google Scholar
Caianiello, Michele and Illuminati, Giulio. “From the International Criminal Tribunal for the Former Yugoslavia to the International Criminal Court,” North Carolina Journal of International Law & Commercial Regulation 26 (2001): 407455.Google Scholar
Cassel, Douglass. “Essay: The ICC's New Legal Landscape: The Need to Expand U.S. Domestic Jurisdiction to Prosecute Genocide, War Crimes, and Crimes Against Humanity,” Fordham International Law Journal 23 (1999): 378398.Google Scholar
Cereste, Sam. “The International Court of Justice, the International Criminal Court, and the ad hoc Tribunals,” New York Law School Journal of Human Rights 17 (2001): 911915.Google Scholar
Cervasio, Christine E.Extradition and the International Criminal Court: The Future of the Political Offense Doctrine,” Pace International Law Review 11 (1999): 419447.Google Scholar
Cervoni, Rocco P.Beating Plowshares Into Swords—Reconciling The Sovereign Right to Self-Determination With Individual Human Rights Through An International Criminal Court: The Lessons of the Former Yugoslavia and Rwanda as a Frontispiece,” St. John's Journal of Legal Commentary 12 (1997): 477553.Google Scholar
Deming, Stuart H.War Crimes and International Criminal Law,” Akron Law Review 28 (1995): 421428.Google Scholar
Dormann, Knut. “ICC Contributions by the Ad Hoc Tribunals for the Former Yugoslavia and Rwanda to the Ongoing Work on Elements of Crimes in the Context of the ICC,” American Society of International Law Proceedings 94 (2000): 284-286.Google Scholar
Goldstone, Richard Judge. “Living History Interview,” Transnational Law & Contemporary Problems 5 (1995): 373385.Google Scholar
Green, L.C.Command Responsibility in International Humanitarian Law,” Transnational Law & Contemp. Problems 5 (1995): 319371.Google Scholar
Groff, Joshua D.A Proposal for Diplomatic Accountability Using the Jurisdiction of the International Criminal Court: The Decline of an Absolute Sovereign Right,” Temple International & Comparative Law Journal 14 (2000): 209242.Google Scholar
Gustafson, Carrie. “International Criminal Courts: Some Dissident Views on the Continuation of War By Penal Means,” Houston Journal of International Law 21 (1998): 5183.Google Scholar
Kelly, Michael J.Case Studies “Ripe” For the International Criminal Court: Practical Applications for the Pinochet, Ocalan, and Libyan Bomber Trials,” Journal of International Law & Practice 8 (1999): 2146.Google Scholar
Morris, Madeline H.Rwandan Justice and the International Criminal Court,” ILSA Journal of International & Comparative Law 5 (1999): 351358.Google Scholar
Mugwanya, George William. “Expunging the Ghost of Impunity for Severe and Gross Violations of Human Rights and the Commission of Delicti Jus Gentium: A Case for the Domestication of International Criminal Law and the Establishment of a Strong Permanent International Criminal Court,” Michigan State University-DCL Journal of International Law 8 (1999): 701777.Google Scholar
Paust, Jordan J.Nullum Crimen and Related Claims,” Denver Journal of International Law & Policy 25 (1997): 321337.Google Scholar
Pejic, Jelena. “The Tribunal and the ICC: Do Precedents Matter?,” Albany Law Review 60 (1997): 841862.Google Scholar
Pickard, Daniel B.Security Council Resolution 808: A Step Toward a Permanent International Court for the Prosecution of International Crimes and Human Rights Violations,” Golden Gate University Law Review 25 (1995): 435462.Google Scholar
Popoff, Evo. “Inconsistency and Impunity in International Human Rights Law: Can the International Criminal Court Solve the Problems Raised by the Rwanda and Augusto Pinochet Cases,” George Washington International Law Review 33 (2001): 363395.Google Scholar
Prescott, Jody M.Litigating Genocide: A Consideration of the International Criminal Court in Light of the German Jews’ Legal Response to Nazi Persecution, 1933-1941,” University of Maine Law Review 51 (1999): 297354.Google Scholar
Ryan, Samantha I.From the Furies of Nanking to the Eumenides of the International Criminal Court; The evolution of Sexual Assaults as International Crimes,” Pace International Law Review 11 (1999): 447486.Google Scholar
Scharf, Michael P.The Amnesty Exception to the Jurisdiction of the International Criminal Court,” Cornell International Law Journal 32 (1999): 507513.Google Scholar
Scharf, Michael P.A Critique of the Yugoslavia War Crimes Tribunal,” Denver Journal of International Law & Policy 25 (1997): 305312.Google Scholar
Stapleton, Sara. “Ensuring A fair Trial in the International Criminal Court: Statutory Interpretation and the Impermissibility of Derogation,” New York University Journal of International Law & Politics 31 (1999): 535- 604.Google Scholar
Stoelting, David. “The Rome Treaty on the International Criminal Court,” International Lawyer 33 (1999): 613618.Google Scholar
Tiefenbrun, Susan W.The Paradox of International Adjudication: Developments in the International Criminal Tribunals for the Former Yugoslavia and Rwanda, the World Court, and the International Criminal Court,” North Carolina Journal of International Law & Commercial Regulation 25 (2000): 551596.Google Scholar
Villa-Vicencio, Charles. “Why Perpetrators Should Not Always Be Prosecuted: Where the International Criminal Court and Truth Commissions Meet,” Emory Law Journal 49 (2000): 205222.Google Scholar
van der Vyver, Johan D.Personal and Territorial Jurisdiction of the International Criminal Court,” Emory International Law Review 14 (2000): 179.Google Scholar
Warbrick, Colin. “The United Nations System: A Place for Criminal Courts?Transnational Law & Contemp. Problems 5 (1995): 237261.Google Scholar
White, Jamison G.Nowhere to Run, Nowhere to Hide: Augusto Pinochet, Universal Jurisdiction, the ICC, and a Wake-up Call for Former Heads of State,” Case Western Reserve Law Review 50 (1999): 127181.Google Scholar
Wright, William F.Limitations on the Prosecution of International Terrorists by the International Criminal Court,” Journal of International Law & Practice 8 (1999): 139150.Google Scholar
Zelniker, Lindsay. “Towards a Functional International Criminal Court: An Argument in Favor of a Strong Privileges and Immunities Agreement,” Fordham International Law Journal 24 (2001): 9881027.Google Scholar

V. The Gender Issues

Aafjes, Astrid. Gender Violence: the Hidden War Crime. Washington D.C.: Women, Law & Dev. Int'l, 1998. viii, 133 p.Google Scholar
This book addresses the issue of violence against women in war and other situations of armed conflict. It includes chapters on “How War Affects Women;” the international, regional and national legal standards used to protect women during such conflicts; the effectiveness and failures of ad hoc tribunals, such as the Yugoslavia Ad Hoc Tribunal and the Rwanda Ad Hoc Tribunal, in handling violence against women; and, the prospects of the ICC to have strong legal remedies for victims of gender violence and its ability to handle such cases. Includes bibliographical references.Google Scholar
Goldbach, Laurie A. Rethinking Rape: Gender Justice and the Proposed International Criminal Court. Ottawa, Can.: National Association of Women and the Law, 1998. 35 p.Google Scholar
This paper, second prize winner of the NAWL Charitable Trust for Research and Education twelfth annual essay competition, Women and the Law, argued for the explicit inclusion of rape as one of the war crimes under the ICC's jurisdiction. Reviewed is the historical treatment of rape as a crime in international law, and its recognition as a war crime before the tribunals of the former Yugoslavia and Rwanda. Thereafter, the author describes the various approaches the ICC could take to further criminalize of rape if rape is included in the court's subject matter jurisdiction. The paper concludes with an outline of the procedural challenges the ICC faces in order to prosecute rape, and with a reflection on the limitations of international law in prosecuting gender-based crimes. Includes bibliographical references.Google Scholar
Koenig, Dorean M. and Askin, Kelly Dawn. International Criminal Law and the International Criminal Court Statute: Crimes Against Women, in Women and International Human Rights Law, Vol. 2 3-29 (Kelly D. Askin and Dorean M. Koenig ed., 2000).Google Scholar
The authors of this chapter trace the approach of international criminal law and analyze the ICC Statute as they relate to women's issues and to gender-based or sex-based crimes.Google Scholar
ii. Articles Google Scholar
Copelon, Rhonda. “Surfacing Gender: Re-Engraving Crimes Against Women in Humanitarian Law,” Hastings Women's Law Journal 5 (1994): 243266.Google Scholar
Erb, Nicole Eva. “Gender-Based Crimes Under the Draft Statute for the Permanent International Criminal Court,” Columbia Human Rights Law Review 29 (1998): 401435.Google Scholar
Aafjes, Astrid. Gender Violence: the Hidden War Crime. Washington D.C.: Women, Law & Dev. Int'l, 1998. viii, 133 p.Google Scholar
This book addresses the issue of violence against women in war and other situations of armed conflict. It includes chapters on “How War Affects Women;” the international, regional and national legal standards used to protect women during such conflicts; the effectiveness and failures of ad hoc tribunals, such as the Yugoslavia Ad Hoc Tribunal and the Rwanda Ad Hoc Tribunal, in handling violence against women; and, the prospects of the ICC to have strong legal remedies for victims of gender violence and its ability to handle such cases. Includes bibliographical references.Google Scholar
Goldbach, Laurie A. Rethinking Rape: Gender Justice and the Proposed International Criminal Court. Ottawa, Can.: National Association of Women and the Law, 1998. 35 p.Google Scholar
This paper, second prize winner of the NAWL Charitable Trust for Research and Education twelfth annual essay competition, Women and the Law, argued for the explicit inclusion of rape as one of the war crimes under the ICC's jurisdiction. Reviewed is the historical treatment of rape as a crime in international law, and its recognition as a war crime before the tribunals of the former Yugoslavia and Rwanda. Thereafter, the author describes the various approaches the ICC could take to further criminalize of rape if rape is included in the court's subject matter jurisdiction. The paper concludes with an outline of the procedural challenges the ICC faces in order to prosecute rape, and with a reflection on the limitations of international law in prosecuting gender-based crimes. Includes bibliographical references.Google Scholar
Koenig, Dorean M. and Askin, Kelly Dawn. International Criminal Law and the International Criminal Court Statute: Crimes Against Women, in Women and International Human Rights Law, Vol. 2 3-29 (Kelly D. Askin and Dorean M. Koenig ed., 2000).Google Scholar
The authors of this chapter trace the approach of international criminal law and analyze the ICC Statute as they relate to women's issues and to gender-based or sex-based crimes.Google Scholar
ii. Articles Google Scholar
Copelon, Rhonda. “Surfacing Gender: Re-Engraving Crimes Against Women in Humanitarian Law,” Hastings Women's Law Journal 5 (1994): 243266.Google Scholar
Erb, Nicole Eva. “Gender-Based Crimes Under the Draft Statute for the Permanent International Criminal Court,” Columbia Human Rights Law Review 29 (1998): 401435.Google Scholar

VI. Post-Rome Conference

Amnesty International. International Criminal Court: Ensuring an Effective Role for Victims - Memorandum for the Paris Seminar, April 1999. London, U.K.: 1999. 45 p.Google Scholar
This paper was prepared to offer recommendations to the participants of the French government sponsored International Seminar on Victim's Access to the International Criminal Court, held in Paris from April 26 to 29 April, 1999, out of which, recommendations to the second session of the Preparatory Commission were to be made. It delineates Amnesty International's positions on the issues concerning victim rights before the ICC. The paper, which is well footnoted, is divided into four chapters, focusing on the investigation or prosecution stage, the trial and post-trial stage, the protection of victims and witnesses and the right to reparations. Throughout the paper the provisions of the Rome statute on victims’ issues are discussed as well as other related documents such as the UN Declaration of Basic Principles of Justice for Victims of Crime and Abuse of Power. Includes bibliographical references.Google Scholar
Amnesty International. International Criminal Court: Ensuring an Effective Role for Victims. London, U.K.: 1999. 49 p.Google Scholar
This paper, dated July 1999, is an updated version of the memorandum, entitled International Criminal Court: Ensuring an Effective Role for Victims -Memorandum for the Paris Seminar, April 1999. This updated version was prepared for distribution to the delegates at the second session of the Preparatory Commission during the summer of 1999. It offered recommendations on the issues of procedure and evidence, with particular relevance and sensitivity to victims before the prospective ICC.Google Scholar
The paper, which is well footnoted, is divided into four parts. The first part deals with the definition of victims, the roles of victims during referral and admissibility proceedings, the preliminary examination and investigation, and the prosecutor's decision whether to prosecute. The second part deals with the rights of victims during the proceedings of the court. The next part deals with the protection of victims and witnesses. Finally, the last part deals with reparations. Includes bibliographical references.Google Scholar
Bassiouni, M. Cherif and Broomhall, Bruce. ICC Ratification and National Implementing Legislation; CPI Ratification et Legislation Nationale D ‘Application; CPI Ratification y Legislation Nacional de Actuación. Toulouse, Fr.: Association Internationale de droit Penal: Éré, 1999. various p., (English section xi, 159 p.)Google Scholar
This one volume provides an English, French and Spanish version of the text. After the introductory material, the text includes a paper by M. Cherif Bassiouni entitled, “Historical Survey, 1919-1998; one by Bruce Broomhall, entitled, “The International Criminal Court: Overview and Cooperation with States”; and lastly, Another by Broomhall, entitled, “The International Criminal Court: a Checklist for National Implementation.”Google Scholar
Cassese, Antonio Judge, ed. The Rome Statute for an International Criminal Court, a Commentary. Oxford, Eng.: Oxford Univ. Press. Anticipated publication release date is March 2001.Google Scholar
von Hebel, Herman A.M., et al. eds. Reflections on the International Criminal Court: Essays in Honour of Adriaan Bos. The Hague, The Neth.: T.M.C. Asser Press, 1999. xvii, 211 p.Google Scholar
The book is a compilation of papers presented by distinguished international lawyers at a seminar held on the ICC on December 15, 1998 in the Netherlands. The Ministry of Foreign Affairs organized the seminar in honor of Adriaan Bos, who was retiring from the position of Legal Adviser to the Ministry.Google Scholar
The contributors, including Mr. Bos, are primarily people who had been actively involved in the negotiations leading up to the adoption of the Rome Statute. The papers cover topics such as a historical perspective of the ICC, crimes covered under the jurisdiction of the ICC, the ICC and international criminal cooperation, and the relationship of the ICC with international bodies, i.e., the International Criminal Tribunal for the Former Yugoslavia, the International Court of Justice the Security Council, host countries and NGOs.Google Scholar
Kreßz, Claus & Lattanzi, Flavia, eds. The Rome Statute and Domestic Legal Orders. Baden-Baden, Germany: Nomos Verlagsgesellschaft; Ripa di Fagnono Alto, Italy: Editrice II Siente Piccola Societá Cooperativa, 2000. xxxii, 251 p. (Includes floppy disk with the ratification/implementing legislation and draft legislation.)Google Scholar
This volume, intended as the first of several, includes collected essays from government officials and academics dealing with different aspects of the Rome Statute's implementation process, specifically, the general strategy of ratification and implementation and the analysis of possible constitutional obstacles. The focus of this volume is in southern Africa and Europe, with specific chapters on Austria, France (in French), Germany, Greece, Italy, Liechtenstein, Portugal, Southern African Region, South Africa Spain and Switzerland. Sixteen contributors, including the editors, cover the scope of the ratification and implementation process in these areas. Includes bibliographical references (p. 247251).Google Scholar
Lawyers Committee for Human Rights. Frequently Asked Questions About the International Criminal Court. December 1998. 7 p.Google Scholar
A concise question and answer about the ICC.Google Scholar
Lawyers Committee for Human Rights. The Rome Treaty for an International Criminal Court, a Brief Summary of the Main Issues. International Criminal Court Briefing Series, Vol. 2, No. 1. August 1998. 7 p.Google Scholar
The paper briefly outlines the Lawyers Committee's stands on the eight principles of the Rome treaty. Within the delineated principles there are references to the Articles of the treaty.Google Scholar
Politi, Mauro & Nesi, Giuseppe, eds. The Rome Statute of the International Criminal Court: a Challenge to Impunity. Aldershot: Ashgate Publishing Co., 2001. xx, 319 p.Google Scholar
The editors compiled thirty papers delivered at an international meeting held at the University of Trento, Italy, in May 1999. Thirty-six scholars, lawyers, judges, diplomats and representatives participated and presented papers at the conference. The conference coming circa ten months after the adoption of the Rome Statute, discussed the results of the Rome Conference the future prospects of the ICC. The papers are organized under four headings, i.e., The International Criminal Court: Its Main Features, The International Criminal Court and the International Protection of Human Rights, The International Criminal Justice System After the Rome Conference, and Prospects for the Functioning of the International Criminal Court. Contributors include, Giovanni Conso, (who served as President of the Rome Conference),Adriaan Bos (who served as Chair of the Preparatory Committee on the Establishment of the ICC), and Professor Antonio Cassese (former President and Judge of the International Criminal Tribunal for the Former Yugoslavia).Google Scholar
Rights and Democracy & The International Centre for Criminal Law Reform and Criminal Justice Policy. International Criminal Court: Manual for the Ratification and Implementation of the Statute. Vancouver, 2000. xv, 127 p. http://137.82.153.100/Reports/ICCManual.pdf Google Scholar
A manual was prepared to assist nations with the ratification and implementation of the ICC Statute. It gives an overview of the issues concerning implementation, the obligations and rights of the parties under the ICC Statute, and the provisions which may affect the approach of nations working toward ratification and implementation. Includes bibliographical references (p. 120123)Google Scholar
Sadat, Leila. The International Criminal Court and the Transformation of International Law: Justice for the New Millennium. Ardsley, NY: Transnational Publishers, Anticipated publication release date is early 2002.Google Scholar
Schabas, William A. An Introduction to the International Criminal Court. NY: Cambridge University Press, 2001. x, 406 p.Google Scholar
A primer on the ICC, providing an historical overview of international criminal prosecution; a historical overview of the evolution leading up to the drafting of the 1998 Rome Statute; the jurisdictional scope and reach of the ICC; and the structure of the ICC from the initial investigation stage to the enforceability of judgment and protection of victims stage. The appendices include the Rome Statute, the Elements of Crimes and the Rules of Procedure and Evidence. Includes bibliographical references (p. 383395) and index.Google Scholar
Triffterer, Otto, ed. Commentary on the Rome Statute of the International Criminal Court: Observers’ Notes, Article by Article. Baden-Baden, F.R.G.: Nomos Verlagsgesellschaft, 1999. xxviii, 1295 p.Google Scholar
As the title of this book states, it is designed as a commentary, along with footnotes, on the provisions of the Rome Statute. The commentary is intended to fill the gap left by no report on the work of the Rome Conference and to preserve information coming from the different working groups or committees which helped lead to the final version of the Statute. Contributing to the commentaries on the 128 articles of the Statute are a total of 51 distinguished authors from around the world, including the preface from M. Cherif Bassiouni. Many of the contributors had worked either as Head or Members of Delegations or as advisors at the Preparatory Committee and/or the Rome Conference. Includes bibliographical references.Google Scholar
ii. Articles Google Scholar
Bachrach, Michael. “The Protection and Rights of Victims Under International Criminal Law,” International Lawyer 34 (2000): 720.Google Scholar
Blakesley, Christopher L.Panel discussion, Association of American Law Schools Panel on the International Criminal Court,” American Criminal Law Review 36 (1999): 223273.Google Scholar
Bos, Adriaan. “1948-1998: The Universal Declaration of Human Rights and the Statute of the International Criminal Court,” Fordham International Law Journal 22 (1998): 229235.Google Scholar
Cassese, Antonio. “The Statute of the International Criminal Court: Some Preliminary Reflections, Symposium,” European Journal of International Law 10 (1) (1999): 144-171.Google Scholar
Charney, Jonathan I.International Criminal Law and the Role of Domestic Courts,” American Journal of International Law 95 (2001): 120124.Google Scholar
Clark, Roger S.Creating A Statute for the International Criminal Court: A Jurisdictional Quandry,” Suffolk Transnational Law Review 22 (1999): 461476.Google Scholar
Council on Foreign Relations. “Toward an International Criminal Court? A debate Emory University School of Law Atlanta, Georgia Tuesday, February 22,2000 6:00–7:30 P.M.,” Emory International Law Review 14 (2000): 159183.Google Scholar
Danilenko, Gennady M.The Statute of the International Criminal Court and Third States,” Michigan Journal of International Law 21 (2000): 445497.Google Scholar
Dawson, Grant M.Defining Substantive Crimes Within the Subject Matter Jurisdiction of the International Criminal Court: What is the Crime of Aggression?,” New York Law School International & Comparative Law 19 (2000): 413452.Google Scholar
Defrancia, Cristian. “Due Process in International Criminal Courts: Why Procedure Matters.” Virginia Law Review 87 (2001): 13811439.Google Scholar
Dicker, Richard. “Issues facing the International Criminal Courts Preparatory Commission,” Cornell International Law Journal 32 (1999): 471477.Google Scholar
Drumbl, Mark A.International Human Rights, International Humanitarian, law, and Environmental Security: Can the International Criminal Court Bridge the Gaps?,” ILSA Journal of International & Comparative Law 6 (2000): 305347.Google Scholar
Duffy, Helen. “National Constitutional Compatibility and the International Criminal Court,” Duke Journal of Comparative & International Law 11 (2001): 538.Google Scholar
Ferencz, Benjamin B.The International Criminal Court: The making of the Rome Statute—Issues, Negotiations, Results, Edited By Roy S. Lee. The Hague, London, Boston: Kluwer Law International, 1999. Pp. xxxv, 659. Index.,” American Journal of International Law 94 (2000): 218224.Google Scholar
Gaeta, Paola. “The Defence of Superior Orders: the Statute of the International Criminal Court Versus Customary International Law, Symposium,” European Journal of International Law 10 (1) (1999): 172-191.Google Scholar
Gallant, Kenneth S.The Role and Powers of Defense Counsel in the Rome Statute of the International Criminal Court,” International Lawyer 34 (2000): 2144.Google Scholar
Gallarotti, Guilio M.Politics, International justice, and the United States: Toward a Permanent International Criminal Court,” University of California at Los Angeles Journal of International Law & Foreign Affairs 4 (1999): 143.Google Scholar
Gerber, Steven J.Establishment of an international Criminal Court,” ILSA Journal of International & Comparative Law 4 (1998): 423425.Google Scholar
Hwang, Phyllis. “Defining Crimes Against Humanity in the Rome Statute of the International Criminal Court,” Fordham International Law Journal 22 (1998): 457–403.Google Scholar
Kirsch, Philippe. “The International Criminal Court: Current Issues and Perspectives,” WTR Law & Contemporary Problems 64 (2001): 310.Google Scholar
Kirsch, Philippe. “Symposium: The International Criminal Court: Consensus and Debate on the International Adjudication of Genocide, Crimes Against Humanity, War Crimes, and Aggression, Keynote Address,” Cornell International Law Journal 32 (1999): 437-442.Google Scholar
Koenig, Dorean Marguerite. “Comparing and Contrasting the Views of a Canadian and an American Member of Their Delegations to the International Criminal Court Plenipotentiary (Rome) Conference,” Journal of International Law & Practice 8 (1999): 15-20.Google Scholar
Lietzau, Walter K. “Symposium: The International Criminal Court: Consensus and Debate on the International Adjudication of Genocide, Crimes Against Humanity, War Crimes, and Aggression: Checks and Balances and Elements of Proof: Structural Pillars for the International Criminal Court,” Cornell International Law Journal 32 (1999): 477-488.Google Scholar
Lietzau, William K.Checks and Balances and Elements of Proof: Structural Pillars for the International Criminal Court,” Cornell International Law Journal 32 (1999): 477491.Google Scholar
MacPherson, Bryan F.Building an International Criminal Court for the 21st Century,” Connecticut Journal of International Law 13 (1998): 160.Google Scholar
Marchac, Gregoire. “Interim Measures in International Commercial Arbitration Under the ICC, AAA, LCIA, and Uncitral Rules,” American Review of International Arbitration 10 (1999): 123141.Google Scholar
Moshan, Brook Sari. “Women, War, and Words: The Gender Component in the Permanent International Criminal Courts Definition of Crimes Against Humanity,” Fordham International Law Journal 22 (1998): 154188.Google Scholar
Morris, Madeline. “The Jurisdiction of the International Criminal Court Over Nationals of Nonparty States,” ILSA Journal of International & Comparative Law 6 (2000): 363369.Google Scholar
Mumford, Marcus R. “Building Upon a Foundation of Sand: A Commentary on the International Criminal Court Treaty Conference,” Journal of International Law & Practice 8 (1999): 151-227.Google Scholar
Newquist, Brian J.International Legal Developments in Review: 1999 Public International Law,” International Lawyer 34 (2000): 691699.Google Scholar
Nill, David A.National Sovereignty: Must it be Sacrificed to the International Criminal Court?Brigham Young University Journal of Public Law 14 (1999): 119154.Google Scholar
Orentlicher, Diane F.Politics By Other Means: The Law of the International Criminal Court,” Cornell International Law Journal 32 (1999): 489500.Google Scholar
Paust, Jordan J.Commentary: The Reach of ICC Jurisdiction Over Non-Signatory Nationals,” Vanderbilt Journal of Transnational Law 33 (2000): 117.Google Scholar
Peirce, Rachel. “Which of the Preparatory Commission's Latest Proposals for the Definition of the Crime of Aggression and the Exercise of Jurisdiction Should be Adopted into the Rome Statute of the International Criminal Court?Brigham Young University Journal of Public Law 15 (2001): 281298.Google Scholar
Pfirter, Didier. “The Position of Switzerland with Respect to the ICC Statute and in Particular the Elements of Crimes, Symposium,” Cornell International Law Journal 32 (1999): 499-506.Google Scholar
Robinson, Darryl. “The Canadian Perspective on the International Criminal Court,” Journal of International Law & Practice 8 (1999): 914.Google Scholar
Rudolf, Beate. “Statute of the International Criminal Court, Decision No. 98-408 DC, 1999 J.0.1317, http://www.Conseil-constitutionel.Fr/decision/1998/98408dc.htm, French Counsel Constitutional, January 22 1999,” American Journal of International Law 94 (2000): 391399.Google Scholar
Sadat, Leila Nadya. “The New International Criminal Court: An Uneasy Revolution,” Georgetown Law Journal 88 (2000): 381474.Google Scholar
Sarooshi, Danesh. “The Statute of the International Criminal Court,” International & Comparative Law Quarterly 48 (2) (1999): 387404.Google Scholar
Schabas, William A.Follow up to Rome: Preparing for Entry into Force of the International Criminal Court Statute,” Human Rights Journal 20 (4-6) (1999): 157166.Google Scholar
Schechter, Michael G.The Rome statute of the International Criminal Court: How the Past Shapes the Future,” Journal of International Law & Practice 8 (1999): 9197.Google Scholar
Sharp, Peter. “Prospects for Environmental Liability in the International Criminal Court,” Virginia Environmental Law Journal 18 (1999): 217244.Google Scholar
Springrose, Linda Jane. “Aggression as a Core Crime in the Rome Statute Establishing an International Criminal Court,” St. Louis-Warsaw Transatlantic Law Journal 99 (1999): 151184.Google Scholar
Stoelting, David. “Status Report on the International Criminal Court,” Rostra Law & Policy Symposium 3 (1999): 233-285.Google Scholar
Stone, John Henry. “The International Criminal Court: The Political Problems of Having it All, The Practical Problems of Having Too Little,” MSU-DCL Journal of International Law 9 (2000): 197210.Google Scholar
Sunga, Lyal S.The Crimes within the Jurisdiction of the International Criminal Court (Part II, Articles 5-10),” European Journal of Crime, Criminal Law & Criminal Justice 6 (4) (1998): 377399.Google Scholar
Vetter, Greg R.Command Responsibility of Non-Military Superiors in the International Criminal Court (ICC),” Yale Journal of International Law 25 (2000): 89159.Google Scholar
Villa-Vicencio, Charles. “Essay: Why Perpetrators Should Not Always Be Prosecuted: Where the International Criminal Court and Truth Commissions Meet,” Emory Law Journal 49 (2000): 205222.Google Scholar
van der Vyver, Johan D.Personal and Territorial Jurisdiction of the International Criminal Court,” Emory International Law Review 14 (2000): 179.Google Scholar
Washburn, John. “The Negotiation of the Rome Statute for the International Criminal Court and International Law making in the 21st Century,” Pace International Law Review 11 (1999): 361374.Google Scholar
Wise, Edward M.The International Criminal Court: A Budget of Paradoxes,” Tulane Journal of International & Comparative Law 8 (2000): 261284.Google Scholar
Amnesty International. International Criminal Court: Ensuring an Effective Role for Victims - Memorandum for the Paris Seminar, April 1999. London, U.K.: 1999. 45 p.Google Scholar
This paper was prepared to offer recommendations to the participants of the French government sponsored International Seminar on Victim's Access to the International Criminal Court, held in Paris from April 26 to 29 April, 1999, out of which, recommendations to the second session of the Preparatory Commission were to be made. It delineates Amnesty International's positions on the issues concerning victim rights before the ICC. The paper, which is well footnoted, is divided into four chapters, focusing on the investigation or prosecution stage, the trial and post-trial stage, the protection of victims and witnesses and the right to reparations. Throughout the paper the provisions of the Rome statute on victims’ issues are discussed as well as other related documents such as the UN Declaration of Basic Principles of Justice for Victims of Crime and Abuse of Power. Includes bibliographical references.Google Scholar
Amnesty International. International Criminal Court: Ensuring an Effective Role for Victims. London, U.K.: 1999. 49 p.Google Scholar
This paper, dated July 1999, is an updated version of the memorandum, entitled International Criminal Court: Ensuring an Effective Role for Victims -Memorandum for the Paris Seminar, April 1999. This updated version was prepared for distribution to the delegates at the second session of the Preparatory Commission during the summer of 1999. It offered recommendations on the issues of procedure and evidence, with particular relevance and sensitivity to victims before the prospective ICC.Google Scholar
The paper, which is well footnoted, is divided into four parts. The first part deals with the definition of victims, the roles of victims during referral and admissibility proceedings, the preliminary examination and investigation, and the prosecutor's decision whether to prosecute. The second part deals with the rights of victims during the proceedings of the court. The next part deals with the protection of victims and witnesses. Finally, the last part deals with reparations. Includes bibliographical references.Google Scholar
Bassiouni, M. Cherif and Broomhall, Bruce. ICC Ratification and National Implementing Legislation; CPI Ratification et Legislation Nationale D ‘Application; CPI Ratification y Legislation Nacional de Actuación. Toulouse, Fr.: Association Internationale de droit Penal: Éré, 1999. various p., (English section xi, 159 p.)Google Scholar
This one volume provides an English, French and Spanish version of the text. After the introductory material, the text includes a paper by M. Cherif Bassiouni entitled, “Historical Survey, 1919-1998; one by Bruce Broomhall, entitled, “The International Criminal Court: Overview and Cooperation with States”; and lastly, Another by Broomhall, entitled, “The International Criminal Court: a Checklist for National Implementation.”Google Scholar
Cassese, Antonio Judge, ed. The Rome Statute for an International Criminal Court, a Commentary. Oxford, Eng.: Oxford Univ. Press. Anticipated publication release date is March 2001.Google Scholar
von Hebel, Herman A.M., et al. eds. Reflections on the International Criminal Court: Essays in Honour of Adriaan Bos. The Hague, The Neth.: T.M.C. Asser Press, 1999. xvii, 211 p.Google Scholar
The book is a compilation of papers presented by distinguished international lawyers at a seminar held on the ICC on December 15, 1998 in the Netherlands. The Ministry of Foreign Affairs organized the seminar in honor of Adriaan Bos, who was retiring from the position of Legal Adviser to the Ministry.Google Scholar
The contributors, including Mr. Bos, are primarily people who had been actively involved in the negotiations leading up to the adoption of the Rome Statute. The papers cover topics such as a historical perspective of the ICC, crimes covered under the jurisdiction of the ICC, the ICC and international criminal cooperation, and the relationship of the ICC with international bodies, i.e., the International Criminal Tribunal for the Former Yugoslavia, the International Court of Justice the Security Council, host countries and NGOs.Google Scholar
Kreßz, Claus & Lattanzi, Flavia, eds. The Rome Statute and Domestic Legal Orders. Baden-Baden, Germany: Nomos Verlagsgesellschaft; Ripa di Fagnono Alto, Italy: Editrice II Siente Piccola Societá Cooperativa, 2000. xxxii, 251 p. (Includes floppy disk with the ratification/implementing legislation and draft legislation.)Google Scholar
This volume, intended as the first of several, includes collected essays from government officials and academics dealing with different aspects of the Rome Statute's implementation process, specifically, the general strategy of ratification and implementation and the analysis of possible constitutional obstacles. The focus of this volume is in southern Africa and Europe, with specific chapters on Austria, France (in French), Germany, Greece, Italy, Liechtenstein, Portugal, Southern African Region, South Africa Spain and Switzerland. Sixteen contributors, including the editors, cover the scope of the ratification and implementation process in these areas. Includes bibliographical references (p. 247251).Google Scholar
Lawyers Committee for Human Rights. Frequently Asked Questions About the International Criminal Court. December 1998. 7 p.Google Scholar
A concise question and answer about the ICC.Google Scholar
Lawyers Committee for Human Rights. The Rome Treaty for an International Criminal Court, a Brief Summary of the Main Issues. International Criminal Court Briefing Series, Vol. 2, No. 1. August 1998. 7 p.Google Scholar
The paper briefly outlines the Lawyers Committee's stands on the eight principles of the Rome treaty. Within the delineated principles there are references to the Articles of the treaty.Google Scholar
Politi, Mauro & Nesi, Giuseppe, eds. The Rome Statute of the International Criminal Court: a Challenge to Impunity. Aldershot: Ashgate Publishing Co., 2001. xx, 319 p.Google Scholar
The editors compiled thirty papers delivered at an international meeting held at the University of Trento, Italy, in May 1999. Thirty-six scholars, lawyers, judges, diplomats and representatives participated and presented papers at the conference. The conference coming circa ten months after the adoption of the Rome Statute, discussed the results of the Rome Conference the future prospects of the ICC. The papers are organized under four headings, i.e., The International Criminal Court: Its Main Features, The International Criminal Court and the International Protection of Human Rights, The International Criminal Justice System After the Rome Conference, and Prospects for the Functioning of the International Criminal Court. Contributors include, Giovanni Conso, (who served as President of the Rome Conference),Adriaan Bos (who served as Chair of the Preparatory Committee on the Establishment of the ICC), and Professor Antonio Cassese (former President and Judge of the International Criminal Tribunal for the Former Yugoslavia).Google Scholar
Rights and Democracy & The International Centre for Criminal Law Reform and Criminal Justice Policy. International Criminal Court: Manual for the Ratification and Implementation of the Statute. Vancouver, 2000. xv, 127 p. http://137.82.153.100/Reports/ICCManual.pdf Google Scholar
A manual was prepared to assist nations with the ratification and implementation of the ICC Statute. It gives an overview of the issues concerning implementation, the obligations and rights of the parties under the ICC Statute, and the provisions which may affect the approach of nations working toward ratification and implementation. Includes bibliographical references (p. 120123)Google Scholar
Sadat, Leila. The International Criminal Court and the Transformation of International Law: Justice for the New Millennium. Ardsley, NY: Transnational Publishers, Anticipated publication release date is early 2002.Google Scholar
Schabas, William A. An Introduction to the International Criminal Court. NY: Cambridge University Press, 2001. x, 406 p.Google Scholar
A primer on the ICC, providing an historical overview of international criminal prosecution; a historical overview of the evolution leading up to the drafting of the 1998 Rome Statute; the jurisdictional scope and reach of the ICC; and the structure of the ICC from the initial investigation stage to the enforceability of judgment and protection of victims stage. The appendices include the Rome Statute, the Elements of Crimes and the Rules of Procedure and Evidence. Includes bibliographical references (p. 383395) and index.Google Scholar
Triffterer, Otto, ed. Commentary on the Rome Statute of the International Criminal Court: Observers’ Notes, Article by Article. Baden-Baden, F.R.G.: Nomos Verlagsgesellschaft, 1999. xxviii, 1295 p.Google Scholar
As the title of this book states, it is designed as a commentary, along with footnotes, on the provisions of the Rome Statute. The commentary is intended to fill the gap left by no report on the work of the Rome Conference and to preserve information coming from the different working groups or committees which helped lead to the final version of the Statute. Contributing to the commentaries on the 128 articles of the Statute are a total of 51 distinguished authors from around the world, including the preface from M. Cherif Bassiouni. Many of the contributors had worked either as Head or Members of Delegations or as advisors at the Preparatory Committee and/or the Rome Conference. Includes bibliographical references.Google Scholar
ii. Articles Google Scholar
Bachrach, Michael. “The Protection and Rights of Victims Under International Criminal Law,” International Lawyer 34 (2000): 720.Google Scholar
Blakesley, Christopher L.Panel discussion, Association of American Law Schools Panel on the International Criminal Court,” American Criminal Law Review 36 (1999): 223273.Google Scholar
Bos, Adriaan. “1948-1998: The Universal Declaration of Human Rights and the Statute of the International Criminal Court,” Fordham International Law Journal 22 (1998): 229235.Google Scholar
Cassese, Antonio. “The Statute of the International Criminal Court: Some Preliminary Reflections, Symposium,” European Journal of International Law 10 (1) (1999): 144-171.Google Scholar
Charney, Jonathan I.International Criminal Law and the Role of Domestic Courts,” American Journal of International Law 95 (2001): 120124.Google Scholar
Clark, Roger S.Creating A Statute for the International Criminal Court: A Jurisdictional Quandry,” Suffolk Transnational Law Review 22 (1999): 461476.Google Scholar
Council on Foreign Relations. “Toward an International Criminal Court? A debate Emory University School of Law Atlanta, Georgia Tuesday, February 22,2000 6:00–7:30 P.M.,” Emory International Law Review 14 (2000): 159183.Google Scholar
Danilenko, Gennady M.The Statute of the International Criminal Court and Third States,” Michigan Journal of International Law 21 (2000): 445497.Google Scholar
Dawson, Grant M.Defining Substantive Crimes Within the Subject Matter Jurisdiction of the International Criminal Court: What is the Crime of Aggression?,” New York Law School International & Comparative Law 19 (2000): 413452.Google Scholar
Defrancia, Cristian. “Due Process in International Criminal Courts: Why Procedure Matters.” Virginia Law Review 87 (2001): 13811439.Google Scholar
Dicker, Richard. “Issues facing the International Criminal Courts Preparatory Commission,” Cornell International Law Journal 32 (1999): 471477.Google Scholar
Drumbl, Mark A.International Human Rights, International Humanitarian, law, and Environmental Security: Can the International Criminal Court Bridge the Gaps?,” ILSA Journal of International & Comparative Law 6 (2000): 305347.Google Scholar
Duffy, Helen. “National Constitutional Compatibility and the International Criminal Court,” Duke Journal of Comparative & International Law 11 (2001): 538.Google Scholar
Ferencz, Benjamin B.The International Criminal Court: The making of the Rome Statute—Issues, Negotiations, Results, Edited By Roy S. Lee. The Hague, London, Boston: Kluwer Law International, 1999. Pp. xxxv, 659. Index.,” American Journal of International Law 94 (2000): 218224.Google Scholar
Gaeta, Paola. “The Defence of Superior Orders: the Statute of the International Criminal Court Versus Customary International Law, Symposium,” European Journal of International Law 10 (1) (1999): 172-191.Google Scholar
Gallant, Kenneth S.The Role and Powers of Defense Counsel in the Rome Statute of the International Criminal Court,” International Lawyer 34 (2000): 2144.Google Scholar
Gallarotti, Guilio M.Politics, International justice, and the United States: Toward a Permanent International Criminal Court,” University of California at Los Angeles Journal of International Law & Foreign Affairs 4 (1999): 143.Google Scholar
Gerber, Steven J.Establishment of an international Criminal Court,” ILSA Journal of International & Comparative Law 4 (1998): 423425.Google Scholar
Hwang, Phyllis. “Defining Crimes Against Humanity in the Rome Statute of the International Criminal Court,” Fordham International Law Journal 22 (1998): 457–403.Google Scholar
Kirsch, Philippe. “The International Criminal Court: Current Issues and Perspectives,” WTR Law & Contemporary Problems 64 (2001): 310.Google Scholar
Kirsch, Philippe. “Symposium: The International Criminal Court: Consensus and Debate on the International Adjudication of Genocide, Crimes Against Humanity, War Crimes, and Aggression, Keynote Address,” Cornell International Law Journal 32 (1999): 437-442.Google Scholar
Koenig, Dorean Marguerite. “Comparing and Contrasting the Views of a Canadian and an American Member of Their Delegations to the International Criminal Court Plenipotentiary (Rome) Conference,” Journal of International Law & Practice 8 (1999): 15-20.Google Scholar
Lietzau, Walter K. “Symposium: The International Criminal Court: Consensus and Debate on the International Adjudication of Genocide, Crimes Against Humanity, War Crimes, and Aggression: Checks and Balances and Elements of Proof: Structural Pillars for the International Criminal Court,” Cornell International Law Journal 32 (1999): 477-488.Google Scholar
Lietzau, William K.Checks and Balances and Elements of Proof: Structural Pillars for the International Criminal Court,” Cornell International Law Journal 32 (1999): 477491.Google Scholar
MacPherson, Bryan F.Building an International Criminal Court for the 21st Century,” Connecticut Journal of International Law 13 (1998): 160.Google Scholar
Marchac, Gregoire. “Interim Measures in International Commercial Arbitration Under the ICC, AAA, LCIA, and Uncitral Rules,” American Review of International Arbitration 10 (1999): 123141.Google Scholar
Moshan, Brook Sari. “Women, War, and Words: The Gender Component in the Permanent International Criminal Courts Definition of Crimes Against Humanity,” Fordham International Law Journal 22 (1998): 154188.Google Scholar
Morris, Madeline. “The Jurisdiction of the International Criminal Court Over Nationals of Nonparty States,” ILSA Journal of International & Comparative Law 6 (2000): 363369.Google Scholar
Mumford, Marcus R. “Building Upon a Foundation of Sand: A Commentary on the International Criminal Court Treaty Conference,” Journal of International Law & Practice 8 (1999): 151-227.Google Scholar
Newquist, Brian J.International Legal Developments in Review: 1999 Public International Law,” International Lawyer 34 (2000): 691699.Google Scholar
Nill, David A.National Sovereignty: Must it be Sacrificed to the International Criminal Court?Brigham Young University Journal of Public Law 14 (1999): 119154.Google Scholar
Orentlicher, Diane F.Politics By Other Means: The Law of the International Criminal Court,” Cornell International Law Journal 32 (1999): 489500.Google Scholar
Paust, Jordan J.Commentary: The Reach of ICC Jurisdiction Over Non-Signatory Nationals,” Vanderbilt Journal of Transnational Law 33 (2000): 117.Google Scholar
Peirce, Rachel. “Which of the Preparatory Commission's Latest Proposals for the Definition of the Crime of Aggression and the Exercise of Jurisdiction Should be Adopted into the Rome Statute of the International Criminal Court?Brigham Young University Journal of Public Law 15 (2001): 281298.Google Scholar
Pfirter, Didier. “The Position of Switzerland with Respect to the ICC Statute and in Particular the Elements of Crimes, Symposium,” Cornell International Law Journal 32 (1999): 499-506.Google Scholar
Robinson, Darryl. “The Canadian Perspective on the International Criminal Court,” Journal of International Law & Practice 8 (1999): 914.Google Scholar
Rudolf, Beate. “Statute of the International Criminal Court, Decision No. 98-408 DC, 1999 J.0.1317, http://www.Conseil-constitutionel.Fr/decision/1998/98408dc.htm, French Counsel Constitutional, January 22 1999,” American Journal of International Law 94 (2000): 391399.Google Scholar
Sadat, Leila Nadya. “The New International Criminal Court: An Uneasy Revolution,” Georgetown Law Journal 88 (2000): 381474.Google Scholar
Sarooshi, Danesh. “The Statute of the International Criminal Court,” International & Comparative Law Quarterly 48 (2) (1999): 387404.Google Scholar
Schabas, William A.Follow up to Rome: Preparing for Entry into Force of the International Criminal Court Statute,” Human Rights Journal 20 (4-6) (1999): 157166.Google Scholar
Schechter, Michael G.The Rome statute of the International Criminal Court: How the Past Shapes the Future,” Journal of International Law & Practice 8 (1999): 9197.Google Scholar
Sharp, Peter. “Prospects for Environmental Liability in the International Criminal Court,” Virginia Environmental Law Journal 18 (1999): 217244.Google Scholar
Springrose, Linda Jane. “Aggression as a Core Crime in the Rome Statute Establishing an International Criminal Court,” St. Louis-Warsaw Transatlantic Law Journal 99 (1999): 151184.Google Scholar
Stoelting, David. “Status Report on the International Criminal Court,” Rostra Law & Policy Symposium 3 (1999): 233-285.Google Scholar
Stone, John Henry. “The International Criminal Court: The Political Problems of Having it All, The Practical Problems of Having Too Little,” MSU-DCL Journal of International Law 9 (2000): 197210.Google Scholar
Sunga, Lyal S.The Crimes within the Jurisdiction of the International Criminal Court (Part II, Articles 5-10),” European Journal of Crime, Criminal Law & Criminal Justice 6 (4) (1998): 377399.Google Scholar
Vetter, Greg R.Command Responsibility of Non-Military Superiors in the International Criminal Court (ICC),” Yale Journal of International Law 25 (2000): 89159.Google Scholar
Villa-Vicencio, Charles. “Essay: Why Perpetrators Should Not Always Be Prosecuted: Where the International Criminal Court and Truth Commissions Meet,” Emory Law Journal 49 (2000): 205222.Google Scholar
van der Vyver, Johan D.Personal and Territorial Jurisdiction of the International Criminal Court,” Emory International Law Review 14 (2000): 179.Google Scholar
Washburn, John. “The Negotiation of the Rome Statute for the International Criminal Court and International Law making in the 21st Century,” Pace International Law Review 11 (1999): 361374.Google Scholar
Wise, Edward M.The International Criminal Court: A Budget of Paradoxes,” Tulane Journal of International & Comparative Law 8 (2000): 261284.Google Scholar

VII. The United States and the International Criminal Court

Boland, Donald. National Sovereignty and the International Criminal Court. Carlisle Barracks, Pa: U.S. Army War College, 1999. viii, 43 p.Google Scholar
A strategy research paper prepared for the U.S.A.W.C., it gives a brief history of the history of the ICC. In this connection, discussed is the rise of NGOs in advocating for the protection of victims of armed conflict, and their role in establishing the ICC. Also discussed is the national sovereignty issues for the United States raised by the Rome statute and a discussion on how the United States should proceed concerning the ICC. The paper has endnotes and a bibliography.Google Scholar
Casey, Lee A. and Rivkin, David B. Jr. The International Criminal Court vs. The American People. Washington, D.C.: The Heritage Foundation, 1999.10p. http://www.heritage.org/library/backgrounder/bgl249es.html.Google Scholar
This position paper comprises of the first two pages making up the Executive Summary, followed by an eight page paper (if in PDF format). The authors argue in opposition of the ICC. They set forth the reasons why the United States should oppose the ICC and detail eight steps the United States should take to prevent the Rome Treaty from being implemented.Google Scholar
Dempsey, Gary T. Reasonable Doubt: the Case Against the Proposed International Criminal Court. Washington, D.C.: Cato Institute, 1998. 27 p. http://www.cato.org/pubs/pas/pa-311.html.Google Scholar
This position paper argues against the establishment of the ICC primarily on the basis of constitutional concerns and national sovereignty. It starts off with a short Executive Summary and then the full discussion, with introduction, subheadings, conclusion and endnotes.Google Scholar
Lawyers Committee for Human Rights. The International Criminal Court, the Case for U.S. Support. International Criminal Court Briefing Series, Vol. 2, No. 2. December 1998. 26 p.Google Scholar
This is one of a series a position paper prepared by the Lawyers Committee on the ICC. The report was prepared after the Rome Conference, to advocate the United States’ support of the ICC. It briefly sets forth the reasons necessitating the establishing of the court, the historical context in which it arises, the proposed court's operations and the United States’ interest in supporting it.Google Scholar
Lippincott, Walter E., Lt. Col. The International Criminal Court: an Analysis and Implications for the United States Military. Carlisle Barracks, Pa.: U.S. Army War College, 2000. 44 p.Google Scholar
This paper (abstract included) gives an overview and analysis of the ICC. Its history, composition, jurisdiction and function are first discussed. Then an analysis of the ICC with regards to the United States is given and the conflicts presented, e.g., its constitutionality as applied to US citizens; its impact on US national security; and its affect on the US military and its rules of engagement. An abstract is provided. Includes biographical references (p. 4144).Google Scholar
Klein, Fannie J. & Wilkes, Daniel. United Nations Draft Statute for an International Criminal Court: an American Evaluation, in International Criminal Law 526587. (Mueller, Gerhard O. and Edward M. Wise eds, 1965). (South Hackensack, N.J.: Fred B. Rothman & Co., 1965. xvi, 660 p.).Google Scholar
Besides giving the chronological developments of the 1951 and 1953 draft statutes, this piece provides an analysis of the two draft statutes and discusses the implications of these draft statutes on the international community, generally, and on the United States, specifically. The chapter concludes with an appendix of proposed offenses under the ICC statute and bibliographical references (p. 586587).Google Scholar
Morris, Madeline, special ed. “The United States and the International Criminal Court,” Law and Contemporary Problems. 64 (2001) 1-214. Symposium Issue.Google Scholar
This symposium issue was a result of a conference held in April 1999 at Duke University School of Law. The conference was entitled, “The United States and the International Criminal Court: Which Way from Here?.” Madeline Morris, besides being special editor, provided the foreword, pages 1-2, which updates the reader with the fact that subsequent to the conference, i.e., on December 31, 2000, the U.S. government signed the Rome Statute. However, Ms. Morris points out that the issues raised in the symposium were still issues that needed to be resolved for U.S. ratification of the treaty and for the viability of the ICC. The nine contributors and their articles include:Google Scholar
Bolton, John R.. “The Risks and Weaknesses of the International Criminal Court from America's Perspective,” pages 167180.Google Scholar
Broomhill, Bruce. “Toward U.S. Acceptance of the International Criminal Court,” pages 141151.Google Scholar
Philippe Kirsch, Q.C.The International Criminal Court: Current Issues and Perspectives,” pages 311.Google Scholar
Lietzau, William K.. “International Criminal Law after Rome: Concerns from a U.S. Military Perspective,” pages 119140.Google Scholar
McNerney, Patricia. “The International Criminal Court: Issues for Consideration by the United States Senate,” pages 181191.Google Scholar
Morris, Madeline. “High Crimes and Misconceptions: the ICC and Nonparty States,” pages 13- 66.Google Scholar
Rubin, Alfred P.. “The International Criminal Court: Possibilities for Prosecutorial Abuse,” pages 153165.Google Scholar
Scharf, Michael P.. “The ICC's Jurisdiction over the Nationals of Nonparty States: a Critique of the U.S. Position,” pages 67- 117.Google Scholar
Wedgwood, Ruth. “The Irresolution of Rome,” pages 193214.Google Scholar
Sewall, Sarah B. and Kaysen, Carl, eds. The United States and the International Criminal Court: the Choices Ahead. Lanham, Md.: Cambridge, Mass.: American Academy of Arts and Sciences, Committee on International Security Studies, 2000. 24 p.Google Scholar
This essay was prepared by the editors of the full-length book, bearing a similar title, entitled, The United States and the International Criminal Court: National Security and International Law. Presented are the authors views of the costs and benefits of the U.S. policy toward the ICC. The paper is divided into four sections. The first gives background information about the ICC and a synopsis of the U.S. views toward it. The second section gives an overview of the proposed court's workings. The third discusses the U.S. national security interests and the court's prospective impact on them. The fourth section discusses the U.S.’ options and choices with regard to the ICC. Includes bibliographical references.Google Scholar
Sewall, Sarah B. and Kaysen, Carl, eds. The United States and the International Court: National Security and International Law. Lanham, Md.: Rowman & Little Publishers, Inc., 2000. xvi, 266 p.Google Scholar
The volume is comprised of a fourteen pieces contributed by scholars and experts addressing the United States national security interests for and against the ICC. After an overview is presented in chapter one, the remaining chapters are broken into four sections. The first part has four chapters dealing with the historical evolution of the idea for an ICC. The second part has five chapters on the United States and the ICC, that is, the effect the ICC would have on the United States, including from a constitutional and national security standpoint. The third part has two chapters on the ICC and the national approaches to justice. Lastly, the fourth part has two chapters on the ICC's implications for international law. The appendix, entitled Bringing a Case to the ICC: Pathways and Thresholds, provides a handy step by step flow chart on the ICC statute pertaining to the ICC's jurisdiction and procedures, the Security Council's role and the ICC Prosecutor's investigatory function. Includes an index.Google Scholar
Toward an International Criminal Court?: Three Options Presented as Presidential Speeches. New York, N.Y.: Council on Foreign Relations, 1999. viii, 94 p.Google Scholar
This book presents three points of view on the issue of the United States’ position on the ICC, using a speech format. Starting first with a prospective memorandum to the president, outlining the three positions, the subsequent chapters are the speeches. The first speech endorses the ICC, the second rejects and opposes it, and the third, calls for cooperation as a nonparty while working for changes. Background materials are provided in the appendices A and B, Ambassador Scheffer's list of objections to the Rome Statute as presented to the Committee on Foreign Relations of the U.S. Senate on July 3, 1998, and excerpts from the Rome Statute, respectively.Google Scholar
Also available via the Internet at: http://www.cfr.Org/p/pubs/CriminalCourtCPI.html (last visited August 8, 2001)Google Scholar
The United States and the Establishment of a Permanent International Criminal Court. Atlanta: Carter Center, 1998. 58 p.Google Scholar
A compilation of short statements, papers, panel discussions and newspaper articles in the appendices, as part of the proceedings of a conference held on Nov. 13, 1997 at the Carter Center.Google Scholar
Williams, Mary E, ed. Human Rights: Opposing Viewpoints. San Diego, Cal.: Greenhaven Press, Inc., 1998. 218 p.Google Scholar
The book, which is one of a series of opposing viewpoints on different subjects, focuses on international human rights and the world response to violations of those rights and crimes against humanity. Each chapter presents pro and con arguments on this subject, written by different experts in the field. In particular, Chapter 4, entitled, How should the world respond to crimes against humanity, starts with a one-page preface that summarizes the debate of how to prevent genocide and crimes against humanity. The chapter has two short essays specifically on the arguments in favor and against an international court. Further, the essays start off with a specific synopsis of the author's position and questions posed for the reader to consider. The advocate for the ICC is former President Jimmy Carter, whose essay is entitled, A Permanent International Criminal Court Should be Created. The chapter ends with a periodical bibliography, which lists supplemental views on the topic. The book also has a list of organizations to contact on the issues debated in the book. Includes bibliographical references and an index.Google Scholar
Wright, Colonel Daniel V. Strategic Implications of U.S. Non-Support for the International Criminal Court. Carlisle Barracks, Pa.: U.S. Army War College, 1999. vi, 50 p.Google Scholar
This document, a strategy research paper prepared for the U.S.A.W.C., examines the strategic implications affecting the U.S. interests, policies and military forces under the proposed ICC. It gives an overview of the Rome statutory provisions and the U.S. objections to those provisions. Further, discussed are the conflicts and strains that may occur with the U.S. trying to protect its interests and continue its role in the international arena, and these activities exposing its troops to possible prosecutions. Includes bibliographical references.Google Scholar
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McNerney, Patricia. “The International Criminal Court: Issues for Consideration by the United States Senate,” WTR Law & Contemporary Problems 64 (2001): 181191.Google Scholar
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Morris, Madeline. “High Crimes and Misconceptions: The ICC and Non-Party States,” WTR Law & Contemporary Problems 64 (2001): 1366.Google Scholar
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Salter, Leonard M.An International Criminal Court: Fifty Years in the Making,” Orange County Lawyer 43 (2001): 1820.Google Scholar
Scharf, Michael P.The ICC's Jurisdiction over the Nationals of Non-Party States: A Critique of the U.S. Position,” WTR Law & Contemporary Problems 64 (2001): 67117.Google Scholar
Scharf, Michael P.The United States and the International Criminal Court: a Recommendation for the Bush Administration,” ILSA Journal of International and Comparative Law 7 (2001): 385389.Google Scholar
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Scheffer, David J.The United States and the International Criminal Court,” American Journal of International Law 93 (1999): 1222.Google Scholar
Scheffer, David J.U.S. Policy and the International Criminal Court,” Cornell International Law Journal 32 (1999): 529535.Google Scholar
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Smidt, Michael L.The International Criminal Court: An Effective Means of Deterrence?Military Law Review 167 (2001): 156240.Google Scholar
Supple, Shannon K.Global Responsibility and the United States: The Constitutionality of the International Criminal Court,” Hastings Constitutional Law Quarterly 27 (1999): 181201.Google Scholar
Taulbee, James L.A Call To Arms Declined: The United States and the International Criminal Court,” Emory International Law Review 14 (2000): 105149.Google Scholar
Wedgwood, Ruth. “The International Criminal Court: an American View, Symposium,” European Journal of International Law 10 (1) (1999): 93-107.Google Scholar
Wedgwood, Ruth. “The United States and the International Criminal Court: Achieving A Wider Consensus Through the ‘Ithaca Package',” Cornell International Law Journal 32 (1999): 535542.Google Scholar
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Coalition for the ICC (CICC)Google Scholar
This site is the primary NGO provider of online information about the future ICC. The site is maintained by the World Federalist Movement/Institute for Global Policy on behalf of the NGO Coalition for an ICC. Information is available in English, French and Spanish, and includes a timeline on the ICC, update on a country-by-country ratification status report, primary documents and links to articles on the ICC.Google Scholar
Human Rights WatchGoogle Scholar
This site includes information and update on the struggle for the International Criminal Court. The information include the negotiations for the ICC, U.S. and The ICC, Q & A about the ICC, and other ICC links.Google Scholar
International Criminal Court Internet LibraryGoogle Scholar
This site, maintained by Lyonette Louis-Jacques, Foreign and International Law Librarian and Lecturer in Law D'Angelo Law Library, University of Chicago Law School, is part of her ICC bibliography of print and electronic materials. See infra. Google Scholar
International Criminal Tribunal for Rwanda (ICTR)Google Scholar
This site is the official site for the ICTR. The ICTR was established by the Security Council of the UN to prosecute persons for genocide and other serious violations of the international humanitarian law committed in the territory of Rwanda and in neighboring states by Rwandan citizens, between 1 January 1994 and 31 December 1994. The site includes information on the court, and the achievements of the ICTR.Google Scholar
International Criminal Tribunal for the Former Yugoslavia (ICTY)Google Scholar
This is the official site for the ICTY. The ICTY was established by the Security Council resolution 827 on 25 May 1993. It is mandated to prosecute and try persons allegedly responsible for serious violations of international humanitarian law committed on the territory of the former Yugoslavia since 1991. Its site includes information on the court organization and status of cases.Google Scholar
International Society for Human Rights (ISHR), International Criminal Court Google Scholar
This site includes ICC background information in the following languages: English, Belarussian, German, Moldovan, Russian, Ukrainian, and Uzbek. It also gives updates on the status of the ICC, other links and an online appeal for signatures in support of the ICC.Google Scholar
Lawyers’ Committee For Humans Rights (LCHR): International Criminal Court CampaignGoogle Scholar
The LCHR, which is in support of the ICC, provides at its site, information in French and Spanish on the ICC including the Rome Conference, the tribunals, the briefing Papers on the US and the ICC, and Rules and Procedure and Evidence of the ICC.Google Scholar
Project on International Courts and Tribunals (PICT's)Google Scholar
Information includes publications, forums, academic research, news and caselaw on the ICC and other international courts and tribunals.Google Scholar
Sovereignty InternationalGoogle Scholar
This site includes information and materials on one viewpoint of how sovereignty will be affected as a result of the International Criminal Court.Google Scholar
United Nations Association of the United States of AmericaGoogle Scholar
This site contains information and news update on the ICC and the US position regarding the ICC. It also has related links and links to its Washington Working Group on the International Criminal Court, which collaborates with other NGOs in furthering the advocacy for the ratification of the ICC statute.Google Scholar
United Nations International Criminal Court SiteGoogle Scholar
This official ICC site includes information the preparatory stages of the ICC, the Rome Conference, ratification Status, Historic documents, and links to other Tribunals. Extensive documentation is available at this site. In addition to the Rome Statute, other documents include the Preparatory Committee documents, Preparatory Commission documents and relevant UN General Assembly resolution.Google Scholar
Women's Caucus for Gender JusticeGoogle Scholar
This site, dedicated to promoting women's human rights, includes information regarding the ICC with updates, reports, publications, pre and post prepcom materials, and links to ICC and women rights sites.Google Scholar
Boland, Donald. National Sovereignty and the International Criminal Court. Carlisle Barracks, Pa: U.S. Army War College, 1999. viii, 43 p.Google Scholar
A strategy research paper prepared for the U.S.A.W.C., it gives a brief history of the history of the ICC. In this connection, discussed is the rise of NGOs in advocating for the protection of victims of armed conflict, and their role in establishing the ICC. Also discussed is the national sovereignty issues for the United States raised by the Rome statute and a discussion on how the United States should proceed concerning the ICC. The paper has endnotes and a bibliography.Google Scholar
Casey, Lee A. and Rivkin, David B. Jr. The International Criminal Court vs. The American People. Washington, D.C.: The Heritage Foundation, 1999.10p. http://www.heritage.org/library/backgrounder/bgl249es.html.Google Scholar
This position paper comprises of the first two pages making up the Executive Summary, followed by an eight page paper (if in PDF format). The authors argue in opposition of the ICC. They set forth the reasons why the United States should oppose the ICC and detail eight steps the United States should take to prevent the Rome Treaty from being implemented.Google Scholar
Dempsey, Gary T. Reasonable Doubt: the Case Against the Proposed International Criminal Court. Washington, D.C.: Cato Institute, 1998. 27 p. http://www.cato.org/pubs/pas/pa-311.html.Google Scholar
This position paper argues against the establishment of the ICC primarily on the basis of constitutional concerns and national sovereignty. It starts off with a short Executive Summary and then the full discussion, with introduction, subheadings, conclusion and endnotes.Google Scholar
Lawyers Committee for Human Rights. The International Criminal Court, the Case for U.S. Support. International Criminal Court Briefing Series, Vol. 2, No. 2. December 1998. 26 p.Google Scholar
This is one of a series a position paper prepared by the Lawyers Committee on the ICC. The report was prepared after the Rome Conference, to advocate the United States’ support of the ICC. It briefly sets forth the reasons necessitating the establishing of the court, the historical context in which it arises, the proposed court's operations and the United States’ interest in supporting it.Google Scholar
Lippincott, Walter E., Lt. Col. The International Criminal Court: an Analysis and Implications for the United States Military. Carlisle Barracks, Pa.: U.S. Army War College, 2000. 44 p.Google Scholar
This paper (abstract included) gives an overview and analysis of the ICC. Its history, composition, jurisdiction and function are first discussed. Then an analysis of the ICC with regards to the United States is given and the conflicts presented, e.g., its constitutionality as applied to US citizens; its impact on US national security; and its affect on the US military and its rules of engagement. An abstract is provided. Includes biographical references (p. 4144).Google Scholar
Klein, Fannie J. & Wilkes, Daniel. United Nations Draft Statute for an International Criminal Court: an American Evaluation, in International Criminal Law 526587. (Mueller, Gerhard O. and Edward M. Wise eds, 1965). (South Hackensack, N.J.: Fred B. Rothman & Co., 1965. xvi, 660 p.).Google Scholar
Besides giving the chronological developments of the 1951 and 1953 draft statutes, this piece provides an analysis of the two draft statutes and discusses the implications of these draft statutes on the international community, generally, and on the United States, specifically. The chapter concludes with an appendix of proposed offenses under the ICC statute and bibliographical references (p. 586587).Google Scholar
Morris, Madeline, special ed. “The United States and the International Criminal Court,” Law and Contemporary Problems. 64 (2001) 1-214. Symposium Issue.Google Scholar
This symposium issue was a result of a conference held in April 1999 at Duke University School of Law. The conference was entitled, “The United States and the International Criminal Court: Which Way from Here?.” Madeline Morris, besides being special editor, provided the foreword, pages 1-2, which updates the reader with the fact that subsequent to the conference, i.e., on December 31, 2000, the U.S. government signed the Rome Statute. However, Ms. Morris points out that the issues raised in the symposium were still issues that needed to be resolved for U.S. ratification of the treaty and for the viability of the ICC. The nine contributors and their articles include:Google Scholar
Bolton, John R.. “The Risks and Weaknesses of the International Criminal Court from America's Perspective,” pages 167180.Google Scholar
Broomhill, Bruce. “Toward U.S. Acceptance of the International Criminal Court,” pages 141151.Google Scholar
Philippe Kirsch, Q.C.The International Criminal Court: Current Issues and Perspectives,” pages 311.Google Scholar
Lietzau, William K.. “International Criminal Law after Rome: Concerns from a U.S. Military Perspective,” pages 119140.Google Scholar
McNerney, Patricia. “The International Criminal Court: Issues for Consideration by the United States Senate,” pages 181191.Google Scholar
Morris, Madeline. “High Crimes and Misconceptions: the ICC and Nonparty States,” pages 13- 66.Google Scholar
Rubin, Alfred P.. “The International Criminal Court: Possibilities for Prosecutorial Abuse,” pages 153165.Google Scholar
Scharf, Michael P.. “The ICC's Jurisdiction over the Nationals of Nonparty States: a Critique of the U.S. Position,” pages 67- 117.Google Scholar
Wedgwood, Ruth. “The Irresolution of Rome,” pages 193214.Google Scholar
Sewall, Sarah B. and Kaysen, Carl, eds. The United States and the International Criminal Court: the Choices Ahead. Lanham, Md.: Cambridge, Mass.: American Academy of Arts and Sciences, Committee on International Security Studies, 2000. 24 p.Google Scholar
This essay was prepared by the editors of the full-length book, bearing a similar title, entitled, The United States and the International Criminal Court: National Security and International Law. Presented are the authors views of the costs and benefits of the U.S. policy toward the ICC. The paper is divided into four sections. The first gives background information about the ICC and a synopsis of the U.S. views toward it. The second section gives an overview of the proposed court's workings. The third discusses the U.S. national security interests and the court's prospective impact on them. The fourth section discusses the U.S.’ options and choices with regard to the ICC. Includes bibliographical references.Google Scholar
Sewall, Sarah B. and Kaysen, Carl, eds. The United States and the International Court: National Security and International Law. Lanham, Md.: Rowman & Little Publishers, Inc., 2000. xvi, 266 p.Google Scholar
The volume is comprised of a fourteen pieces contributed by scholars and experts addressing the United States national security interests for and against the ICC. After an overview is presented in chapter one, the remaining chapters are broken into four sections. The first part has four chapters dealing with the historical evolution of the idea for an ICC. The second part has five chapters on the United States and the ICC, that is, the effect the ICC would have on the United States, including from a constitutional and national security standpoint. The third part has two chapters on the ICC and the national approaches to justice. Lastly, the fourth part has two chapters on the ICC's implications for international law. The appendix, entitled Bringing a Case to the ICC: Pathways and Thresholds, provides a handy step by step flow chart on the ICC statute pertaining to the ICC's jurisdiction and procedures, the Security Council's role and the ICC Prosecutor's investigatory function. Includes an index.Google Scholar
Toward an International Criminal Court?: Three Options Presented as Presidential Speeches. New York, N.Y.: Council on Foreign Relations, 1999. viii, 94 p.Google Scholar
This book presents three points of view on the issue of the United States’ position on the ICC, using a speech format. Starting first with a prospective memorandum to the president, outlining the three positions, the subsequent chapters are the speeches. The first speech endorses the ICC, the second rejects and opposes it, and the third, calls for cooperation as a nonparty while working for changes. Background materials are provided in the appendices A and B, Ambassador Scheffer's list of objections to the Rome Statute as presented to the Committee on Foreign Relations of the U.S. Senate on July 3, 1998, and excerpts from the Rome Statute, respectively.Google Scholar
Also available via the Internet at: http://www.cfr.Org/p/pubs/CriminalCourtCPI.html (last visited August 8, 2001)Google Scholar
The United States and the Establishment of a Permanent International Criminal Court. Atlanta: Carter Center, 1998. 58 p.Google Scholar
A compilation of short statements, papers, panel discussions and newspaper articles in the appendices, as part of the proceedings of a conference held on Nov. 13, 1997 at the Carter Center.Google Scholar
Williams, Mary E, ed. Human Rights: Opposing Viewpoints. San Diego, Cal.: Greenhaven Press, Inc., 1998. 218 p.Google Scholar
The book, which is one of a series of opposing viewpoints on different subjects, focuses on international human rights and the world response to violations of those rights and crimes against humanity. Each chapter presents pro and con arguments on this subject, written by different experts in the field. In particular, Chapter 4, entitled, How should the world respond to crimes against humanity, starts with a one-page preface that summarizes the debate of how to prevent genocide and crimes against humanity. The chapter has two short essays specifically on the arguments in favor and against an international court. Further, the essays start off with a specific synopsis of the author's position and questions posed for the reader to consider. The advocate for the ICC is former President Jimmy Carter, whose essay is entitled, A Permanent International Criminal Court Should be Created. The chapter ends with a periodical bibliography, which lists supplemental views on the topic. The book also has a list of organizations to contact on the issues debated in the book. Includes bibliographical references and an index.Google Scholar
Wright, Colonel Daniel V. Strategic Implications of U.S. Non-Support for the International Criminal Court. Carlisle Barracks, Pa.: U.S. Army War College, 1999. vi, 50 p.Google Scholar
This document, a strategy research paper prepared for the U.S.A.W.C., examines the strategic implications affecting the U.S. interests, policies and military forces under the proposed ICC. It gives an overview of the Rome statutory provisions and the U.S. objections to those provisions. Further, discussed are the conflicts and strains that may occur with the U.S. trying to protect its interests and continue its role in the international arena, and these activities exposing its troops to possible prosecutions. Includes bibliographical references.Google Scholar
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McConville, Molly. “A Global War On Drugs: Why The United States Should Support the Prosecution of Drug traffickers in the International Criminal Court,” American Criminal Law Review 37 (2000): 75111.Google Scholar
McNerney, Patricia. “The International Criminal Court: Issues for Consideration by the United States Senate,” WTR Law & Contemporary Problems 64 (2001): 181191.Google Scholar
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Murphy, Francis T. Hon. “United States Should Ratify Treaty For International Criminal Court,” New York State Bar Journal 71 (1999): 8689.Google Scholar
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Ohl, Shawn K.U.S. Opposition to the International Criminal Court: Outside the Realm of Responsibility,” Wayne Law Review 46 (2000): 20432065.Google Scholar
Paust, Jordan J.The Reach of ICC Jurisdiction Over Non-Signatory Nationals,” Vanderbilt Journal of Transnational Law 33 (2000): 117.Google Scholar
Pejic, Jelena. “The United States and the International Criminal Court: One Loophole Too Many,” University of Detroit Mercy Law Review 78 (2001): 267297.Google Scholar
Podgers, James. “The Next Step: ABA House Calls for U.S. Approval of International Criminal Court,” American Bar Association Journal 87 (2001): 91.Google Scholar
Podgers, James. “Still Holding Out: United States wants Changes in International Criminal Court Treaty,” American Bar Association Journal 85 (1999): 89.Google Scholar
Podgers, James. “War Crimes Court Under Fire: The World Says, ‘Book ‘em,’ But the U.S. is Debating What to Do Next,” American Bar Association Journal 84 (1998) 6469.Google Scholar
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Sailer, Todd M.The International Criminal Court: An Argument to Extend its Jurisdiction to Terrorism and a Dismissal of U.S. Objections,” Temple International & Comparative Law Journal 13 (1999): 311354.Google Scholar
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Scharf, Michael P.The United States and the International Criminal Court: a Recommendation for the Bush Administration,” ILSA Journal of International and Comparative Law 7 (2001): 385389.Google Scholar
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Scheffer, David J.The United States and the International Criminal Court,” American Journal of International Law 93 (1999): 1222.Google Scholar
Scheffer, David J.U.S. Policy and the International Criminal Court,” Cornell International Law Journal 32 (1999): 529535.Google Scholar
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Supple, Shannon K.Global Responsibility and the United States: The Constitutionality of the International Criminal Court,” Hastings Constitutional Law Quarterly 27 (1999): 181201.Google Scholar
Taulbee, James L.A Call To Arms Declined: The United States and the International Criminal Court,” Emory International Law Review 14 (2000): 105149.Google Scholar
Wedgwood, Ruth. “The International Criminal Court: an American View, Symposium,” European Journal of International Law 10 (1) (1999): 93-107.Google Scholar
Wedgwood, Ruth. “The United States and the International Criminal Court: Achieving A Wider Consensus Through the ‘Ithaca Package',” Cornell International Law Journal 32 (1999): 535542.Google Scholar
Zwanenburg, Marten. “The Statute for an International Criminal Court and the United States: Peacekeepers Under Fire?, Symposium,” European Journal of International Law 10 (1) 1999: 124143.Google Scholar
Coalition for the ICC (CICC)Google Scholar
This site is the primary NGO provider of online information about the future ICC. The site is maintained by the World Federalist Movement/Institute for Global Policy on behalf of the NGO Coalition for an ICC. Information is available in English, French and Spanish, and includes a timeline on the ICC, update on a country-by-country ratification status report, primary documents and links to articles on the ICC.Google Scholar
Human Rights WatchGoogle Scholar
This site includes information and update on the struggle for the International Criminal Court. The information include the negotiations for the ICC, U.S. and The ICC, Q & A about the ICC, and other ICC links.Google Scholar
International Criminal Court Internet LibraryGoogle Scholar
This site, maintained by Lyonette Louis-Jacques, Foreign and International Law Librarian and Lecturer in Law D'Angelo Law Library, University of Chicago Law School, is part of her ICC bibliography of print and electronic materials. See infra. Google Scholar
International Criminal Tribunal for Rwanda (ICTR)Google Scholar
This site is the official site for the ICTR. The ICTR was established by the Security Council of the UN to prosecute persons for genocide and other serious violations of the international humanitarian law committed in the territory of Rwanda and in neighboring states by Rwandan citizens, between 1 January 1994 and 31 December 1994. The site includes information on the court, and the achievements of the ICTR.Google Scholar
International Criminal Tribunal for the Former Yugoslavia (ICTY)Google Scholar
This is the official site for the ICTY. The ICTY was established by the Security Council resolution 827 on 25 May 1993. It is mandated to prosecute and try persons allegedly responsible for serious violations of international humanitarian law committed on the territory of the former Yugoslavia since 1991. Its site includes information on the court organization and status of cases.Google Scholar
International Society for Human Rights (ISHR), International Criminal Court Google Scholar
This site includes ICC background information in the following languages: English, Belarussian, German, Moldovan, Russian, Ukrainian, and Uzbek. It also gives updates on the status of the ICC, other links and an online appeal for signatures in support of the ICC.Google Scholar
Lawyers’ Committee For Humans Rights (LCHR): International Criminal Court CampaignGoogle Scholar
The LCHR, which is in support of the ICC, provides at its site, information in French and Spanish on the ICC including the Rome Conference, the tribunals, the briefing Papers on the US and the ICC, and Rules and Procedure and Evidence of the ICC.Google Scholar
Project on International Courts and Tribunals (PICT's)Google Scholar
Information includes publications, forums, academic research, news and caselaw on the ICC and other international courts and tribunals.Google Scholar
Sovereignty InternationalGoogle Scholar
This site includes information and materials on one viewpoint of how sovereignty will be affected as a result of the International Criminal Court.Google Scholar
United Nations Association of the United States of AmericaGoogle Scholar
This site contains information and news update on the ICC and the US position regarding the ICC. It also has related links and links to its Washington Working Group on the International Criminal Court, which collaborates with other NGOs in furthering the advocacy for the ratification of the ICC statute.Google Scholar
United Nations International Criminal Court SiteGoogle Scholar
This official ICC site includes information the preparatory stages of the ICC, the Rome Conference, ratification Status, Historic documents, and links to other Tribunals. Extensive documentation is available at this site. In addition to the Rome Statute, other documents include the Preparatory Committee documents, Preparatory Commission documents and relevant UN General Assembly resolution.Google Scholar
Women's Caucus for Gender JusticeGoogle Scholar
This site, dedicated to promoting women's human rights, includes information regarding the ICC with updates, reports, publications, pre and post prepcom materials, and links to ICC and women rights sites.Google Scholar

IX. Other ICC Bibliographies

Butler, A. Hays. A Selective and Annotated Bibliography of the International Criminal Court, Criminal Law Forum 10(1) (1999): 121145.Google Scholar
Current through September, 1998, this bibliography focused on sources that addressed the key issues that remained to be resolved after the passage of the Rome Statute. It includes annotations of several primary sources from the drafting process and the PrepCom sessions, several indexes and resource guides for accessing primary sources, several annotated articles and books, and a listing of other journal articles.Google Scholar
Gould, Allyson A. Sexual Violence in Armed Conflict: A Bibliographies of International Human Rights/Humanitarian Law Project, (April 1998), at http://www.iccwomen.org/resources/sexviolencebib.htm, (last visited November 27, 2001), 18 p.Google Scholar
An outline list of unannotated documents, including treaties, UN materials, books, articles, NGO publications, and media references.Google Scholar
American Society of International Law Library. International Criminal Court, (July 1998), at http://www.asil.org/crmctbib.htm, (last visited November 27, 2001), 3 p.Google Scholar
An unannotated bibliography listing journals article held in the ASIL library. Organized in alphabetical order by article title.Google Scholar
Louis-Jacques, Lyonette. International Criminal Court: Resources in Print and Electronic Format, (last modified July 11, 2001), at http://www.lib.uchicago.edu/~llou/icc.html, (last visited November 27, 2001), 25 p.Google Scholar
Compiled and updated regularly. Contains an unannotated list of Internet resources, and books, journal articles, and other resources.Google Scholar
Scanlon, Helen Lawrence. War Crimes, a Selected List of Books and Articles Defining War Crimes Under International Law and Discussing Their Trial and Punishment Including Works on an International Criminal Court. Washington, D.C.: Carnegie Endowment for International Peace Library, 1994. 16 p.Google Scholar
A selected unannotated bibliography, organized alphabetically, with 182 entries.Google Scholar
Schabas, William A. The International Criminal Court: A Bibliography, at http://www.law.mcgill.ca/students/clubs/ilsnew/biblio.html, (last November 27, 2001), 17 p.Google Scholar
An unannotated compilation of books and journal articles on the ICC. Organized in alphabetical order by author's surname.Google Scholar