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The International Criminal Court

A Commentary on the Rome Statute

by (author) William A. Schabas

Oxford University Press
Initial publish date
Oct 2016
  • Hardback

    Publish Date
    Oct 2016
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Established as one of the main sources for the study of the Rome Statute of the International Criminal Court, this volume provides an article-by-article analysis of the Statute; the detailed analysis draws upon relevant case law from the Court itself, as well as from other international and national criminal tribunals, academic commentary, and related instruments such as the Elements of Crimes, the Rules of Procedure and Evidence, and the Relationship Agreement with the United Nations.

Each of the 128 articles is accompanied by an overview of the drafting history as well as a bibliography of academic literature relevant to the provision. Written by a single author, the Commentary avoids duplication and inconsistency, providing a comprehensive presentation to assist those who must understand, interpret, and apply the complex provisions of the Rome Statute. This volume has been well-received in the academic community and has become a trusted reference for those who work at the Court, even judges. The fully updated second edition of The International Criminal Court incorporates new developments in the law, including discussions of recent judicial activity and the amendments to the Rome Statute adopted at the Kampala conference.

About the author

Contributor Notes

William A. Schabas is Professor of International Law at Middlesex University in London. He is also Professor of International Human and Human Rights Law at Leiden University, Emeritus Professor of Human Rights Law at the National University of Ireland, Galway, and Honorary Chairman of the Irish Centre for Human Rights. Professor Schabas holds BA and MA degrees in history from the University of Toronto and LLB, LLM, and LLD degrees from the University of Montreal, as well as several honorary doctorates. Professor Schabas was named an Officer of the Order of Canada in 2006. He was elected a member of the Royal Irish Academy in 2007.

Editorial Reviews

"The author is a well-known and distinguished writer in the field of International Criminal law who has demonstrated both in his other writings, as well as in this book, a particular attention to specificity. The advantage of a single-author commentary is continuity and consistency in the approach and method of analysis. Because of his involvement in the negotiating stages of the statute and his continued following up on the developments which have occurred since 1998, this book is likely to give the reader a much clearer understanding as well as a more in-depth analysis of the ICC Statute. It is, therefore, likely to become the basic reference on the subject."

--M. Cherif Bassiouni

"Professor Schabas has long been recognised as a leading publicist in the field of International Criminal Law. His work has always been eagerly awaited by practitioners and academics alike. His latest Commentary does not disappoint. It references the travaux preparatoires of the Rome Statute, other commentaries, monographs and leading articles to which he adds to own, sometimes trenchant, views, insights and analysis. The work discloses a practical understanding of the application of the Rome Statute and the workings of the Court, as well as the essential academic perspective. The latest case law from the ICC is comprehensively cited and reviewed in a most accessible and readable manner. This work constitutes a major contribution to the area and will be welcomed by all involved in it."

--Karim Khan, Barrister and Editor of Archbold: International Criminal Courts

"Through this book Schabas provides a comprehensive and detailed analysis of the articles of the Rome Statute. He combines an easily readable style with a complex analysis of the text of the article itself, the Elements of Crimes and the Rules of Procedure, relevant case law and opinions and writings of other scholars. Undoubtedly, this book (and other high-quality scholarly work) on the ICC Statute will be helpful to the practitioners at the Court in choosing the correct interpretation."

--Gentian Zyberi,

"a masterpiece"

--Professor Leila Sadat, American Journal of International Law

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