The Elements of War Crimes will assist the International Criminal Court (ICC) in the interpretation and application of the articles of the ICC Statute defining the crimes under its jurisdiction. These will not only be necessary for the future work of the ICC in interpreting the crimes provisions, but also for national courts, which have primary responsibility in the prosecution of international crimes under the Rome Statute. This commentary provides a critical insight into the travaux préparatoires of the Preparatory Commission leading to the adoption of the elements of war crimes. It contains an analysis of existing case law related to each war crime in the Statute. It will provide States, judges, prosecutors and international and national lawyers with key background information to implement international humanitarian law in future cases dealing with war crimes under the ICC. A unique, indispensable tool for prosecuting and defense lawyers working in international criminal law.
• Critical insight into the negotiating history of the elements of war crimes • Extensive guide to existing case law - international and national - relevant to each war crime in the ICC Statute • Important tool for practitioners and academics involved in questions related to the implementation of International Humanitarian Law in future war crimes trials on the international and national level
1. Introduction; 2. Legal value of the elements of crime; 3. General Introduction adopted by the PrepCom; 4. Introduction to elements of war crimes listed in Art. 8 of the Rome Statute; 5. Article 8 Paragraph 2 (a) ICC Statute: Grave Breaches of the 1949 Geneva Conventions; 6. Article 8 Paragraph 2 (b) ICC Statute: Other Serious Violations of the Laws and customs Applicable in International Armed Conflict; 7. Article 8 Paragraph 2 (c) ICC Statute: Violations of Common Article 3 of the 1949 Geneva Conventions; 8. Article 8 Paragraph 2 (e) ICC Statute: Other Serious Violations of the Laws and Customs Applicable in Armed Conflicts not of an International Character; Annexes; Table of case law.
ASIL Award for a Work in a Specialized Area of International Law - Winner
ASIL Award - Winner
'It is … an extremely helpful resource when dealing with war crime issues even beyond the strict context of the Rome Statute … given the largely case-oriented and case-based character of international humanitarian law generally and international criminal law in particular, it is quite useful that the book edited by Dörmann also contains a table of cases referred to. On the whole, it can be expected that [this book] will end up not only on the desks of those working for the International Criminal Court, namely its judges and those working for the prosecution but will also be a major starting point for every researcher working in the field.' German Yearbook of International Law
'… we should be grateful to the authors for bringing the results of their efforts into press. Readers should find the work an excellent reference guide … is the sort of work that can provide the best introduction to some of the sources available … The work has much to commend it … The book is a very welcome addition to the literature in the area …'. The King's College Law Journal