International Journal of Legal Information Spring, Article *92 THE EVOLUTION AND ESTABLISHMENT OF THE INTERNATIONAL CRIMINAL COURT (ICC)

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1 30 Int'l J. Legal Info. 92 International Journal of Legal Information Spring, 2002 Article *92 THE EVOLUTION AND ESTABLISHMENT OF THE INTERNATIONAL CRIMINAL COURT (ICC) A Selected Annotated Bibliography of Secondary Sources Rosaria Vigorito [FNa1] Copyright 2002 by Institute for International Legal Information; Rosaria Vigorito INTRODUCTION BIBLIOGRAPHY I. THE DRAFTING STAGE LEADING UP TO THE ROME CONFERENCE II. III. IV. NALS THE HISTORY AND THE EVOLUTION OF AN INTERNATIONAL CRIMINAL TRIBUNAL THE 1998 ROME CONFERENCE INTERNATIONAL CRIMES, TRIBUNALS AND PROSECUTION, INCLUDING THE TRIBU FOR THE FORMER YUGOSLAVIA AND RWANDA V. THE GENDER ISSUES VI. POST- ROME CONFERENCE VII. THE UNITED STATES AND THE INTERNATIONAL CRIMINAL COURT VIII. INTERNET SOURCES ON THE ICC IX. OTHER ICC BIBLIOGRAPHIES *93 INTRODUCTION 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. The United States did sign the Rome Statute on December 31, 2000, which date represented the last date, under the Statute, when a country could sign the treaty

2 without ratification. After that date, countries have to ratify when signing the statute. The United States, however, has yet to ratify the Statute. To date, 139 states have signed and 52 countries have ratified it, the most recent countries being Portugal and Ecuador on February 5, The impetus to establish an institution to adjudicate international crimes, such as genocide, acts against humanity and war crimes surfaced in the aftermath of World War I, and then re-surfaced at the end of World War II. In 1948, the UN General Assembly mandated the International Law Commission to study the creation of such a court, but there was no political incentive to go forward on this in the international community at the time. Therefore, the idea of a permanent criminal court was put on hold for several decades. Since then many atrocities have occurred in different parts of the world, which have prepared the international community to accept the concept of an independent supranational institution in order to bring individual violators of these international crimes to justice. As a result, this led the UN General Assembly to establish the first two ad hoc war crimes tribunals since the Nuremberg and Tokyo Trials after World War II, to address certain atrocities, i.e., one for the Former Yugoslavia in 1993 and the other for Rwanda in Further, in 1994, the International Law Commission prepared a draft for the General Assembly's consideration. The General Assembly, in turn, established a Preparatory Committee to take steps, through a series of meetings, to prepare for the Rome Conference in The success of its work and the work at the Rome conference resulted in the adoption of the Rome Statute. *94 With the recent events of September 11, 2001, whereby the United States and the rest of the world witnessed in New York an act of terrorism of a magnitude that had never been seen prior to that date, the argument for the need of the ICC became relevant. Although the terrorists who were onboard the plane, which crashed into the World Trade Towers, perished along with their victims, the masterminds of this awful tragedy remain still at large. The U.S. government claims to have evidence to implicate Osama Bin Laden and his Al Qaeda organization, operating out of Afghanistan. U.S. military goals against the Taliban government and the Al Qaeda organization in Afghanistan are being obtained. Can the U.S. also provide the venue to administer justice or is a neutral venue needed, if Bin Laden or the Taliban members are captured and detained? Although the ICC, even if established, would not be empowered to preside over matters retrospectively, in light of these recent events, the need for such an international judicial structure is emphasized. The role that the ICC will play in the near future is yet to be seen. However, such a court is an important step forward in the advancement of international criminal law. Given its historical importance, there is a need for facilitating research on the ICC's history, its formation and its future. The following selected annotated bibliography is an attempt to help serve such a research role. The bibliography includes English language books, treatises, papers, law review articles and Internet materials and sources attempting to address an overview of the various aspects in the evolution and establishment of the International Criminal Court (ICC) up to the Rome Conference and beyond. Primary materials have not been included, but those sources that include them are noted. [FN1] Law review articles, with the exception of a symposium issue in Law and Contemporary Problems, have not been annotated. Although trying to neatly fit materials into an outlined format is a difficult, if not impossible, task, the bibliography attempts to do so. However, many of the books and articles do go beyond the self-imposed outline. Historical material, for example, is oftentimes included in books that then focus on the impact the court will have on international law. The bibliography is organized into nine sections. A few sections contain materials on the history of events and the evolution of the idea of *95 establishing a permanent international criminal court leading up to the 1998 Rome Conference. This includes materials that trace the attempts to establish international criminal tribunals for various purposes, such as seen with the Nuremberg Tribunal, the Tokyo trials, and the present

3 day tribunals for Rwanda and the former Yugoslavia. Another section covers materials that discuss the specific drafting and pre-rome Conference issues related to the Rome Statute. This extends to issues such as the court's jurisdiction and financing, its procedural, evidentiary and enforcement process, and its interaction with nation-states. Two other sections are devoted to selected materials covering the Rome Conference itself and post-conference issues. A shorter, but significant section covers the gender issues raised before, during and after the Rome Statute. Another section covers materials addressing issues pertaining to United States ratification. This includes its objections to the establishment of the ICC and the present national debate on this. Finally, at the end of the bibliography there is a section listing Internet sources on the ICC and a list of existing bibliographies on the ICC. BIBLIOGRAPHY I. THE DRAFTING STAGE LEADING UP TO THE ROME CONFERENCE i. Books, Papers and Treatises A.B.A. Section of International Law and Practice. Report of the Task Force on an International Criminal Court of the American Bar Association. Chicago, Ill.: Washington, D.C.: American Bar Association, p. 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. *96 Al-Baharna, Husain. Some Reflections on the Drafting of a Statute for an International Criminal Court in International Legal Issues Arising Under the United Nations Decade of International Law (Najeeb Al-Nauimi and Richard Meese eds, 1995). (The Hague, The Neth.: Martinus Nijhoff Publishers, xxxi, 1338 p.) One of the papers presented at the March 22-25, 1994 Qatar International Law Conference. The author, who also served as a member of the UN International Law Commission, presented an overview of the issues arising out of the 1994 Revised Draft Statute, particularly referring to the ICC's organization, judicial appointments, jurisdictional basis, scope and reach, and penalties. Amnesty International. Establishing a Just, Fair and Effective International Criminal Court. New York, N.Y.: Amnesty International U.S.A., p. This report contains Amnesty International's comments and recommendations concerning the proposed permanent ICC. It was written in response to the 1994 draft statute of the ICC prepared by the International Law Commission (UN Doc. A/48/10 (1994)), and in contemplation of the debates in the Sixth Committee of the UN General Assembly. Includes biographical references.. The International Criminal Court, Making the Right Choices. London, U.K.: Amnesty International, various p. This publication is made up of five position papers, each bearing the same main aforementioned title and each part exploring the different issues of concern in establishing the ICC. Parts I-IV provided recommendations and legal analysis of ICC issues that were to be considered at the four sessions of the United Nations Preparatory Committee on the Establishment of an International Criminal Court; whereas, Part V provide specific recommendation to the articles of the ICC drafts. Includes biographical references.. International Criminal Court: Procedural Issues at the Third Session of the Preparatory Commission. London, U.K.: Amnesty International, p. This report addresses procedural issues that were to be discussed in 1999, at the third

4 session of the Preparatory Commission for the ICC. *97 Of concern to the authors were the effective role of the defense counsel, nation states' cooperation with the court and the effective enforcement of judgments rendered by the ICC. Bassiouni, M. Cherif. A Draft International Criminal Code and Draft Statute for an International Criminal Tribunal. Dordrecht; Boston, Mass.: Martinus Nijhoff Publishers, xxii, 492 p. Its origins were from a 1980 book by the author entitled, International Criminal Law: a Draft International Criminal Code. The book includes an extensive discussion on the rationale for international crimes; a draft of the international criminal code, revised and originally prepared by the author in 1980, under the auspices of the International Association of Penal Law, along with an introduction, history and commentaries on the draft; a draft statute of the International Criminal Tribunal; and, an appendix on instruments on international criminal law. Each section has a separate outline of contents for easy reference. There is an extensive appendix section that lists instruments on international criminal law and other relevant conventions. Includes bibliographical references (p ) and an index., ed. ICC: Compilation of United Nations Documents and Draft ICC Statute Before the Diplomatic Conference. Rome, Italy: No Peace Without Justice, xxii, 821 p. Bassiouni prepared this compilation of documents to assist the delegates to the United Nations Diplomatic Conference of Plenipotentiaries on the Establishment of an International Criminal Court during the drafting process. Also involved in the publication of this compilation was the International Criminal Justice and Weapons Control Center, the International Institute of Higher Studies in Criminal Sciences and the Association Internationale de Droit Pénal. Contained in this compilation are four messages of heads of state, a six-page contribution by the Bassiouni, which traces the history of the proposed ICC, and twelve UN documents. The latter include nine reports and decisions prepared by the Preparatory Committee on the Establishment of an International Criminal Court between , the 1995 Report of the Ad Hoc Committee on the Establishment of an International Criminal Court, the 1994 Report of the International Law Commission, and the 1981 Study on Ways and Means of Ensuring the *98 Implementation of International Instruments Such as the International Convention on the Suppression and Punishment of the Crime of Apartheid, Including the Establishment of the International Jurisdiction Envisaged by the Convention., ed. The International Criminal Court: Observations and Issues Before the Preparatory Committee; and Administrative and Financial Implication. 13 Nouvelles Études Pénales. Toulouse, Fr.; Eres; Chicago, Ill: International Human Rights Law Institute, vi, 290 p. This book is a joint project of the Association Internationale de droit Pénal; the DePaul University's International Human Rights Law Institute; the International Institute of Higher Studies in Criminal Sciences; and, the International Law Association, American Branch, the Committee on ICC. It contains contributions, studies and reports by experts designed to assist in the establishment of the ICC. The contributions include discussion on the administrative and financials issues concerning the organization of the ICC, and six reports submitted by the American Branch of the International Law Association Committee on topics such as jurisdiction, cooperation with national systems and the general rules of criminal law. Includes biographical references., ed. Draft Statute, International Criminal Tribunal. 9 Nouvelles Études Pénales. Toulouse, Fr.: Association Internationale de droit Pénal: Érè, vii, 182 p. The book contains an introduction by Bassiouni, a chronology on the ICC, and a draft statute of the International Criminal Tribunal, with commentaries. Includes biographical references., ed. Draft Statute, International Criminal Tribunal. 10 Nouvelles Études Pénales. Toulouse, Fr.: Association Internationale de droit Pénal: Érè, p. This version is a slightly modified version of number 9 of the series and includes a French and Spanish translation of the draft statute. Further, this edition was issued after the UN

5 Security Council adopted Resolution 808 (on February 22, 1993), for the establishment of the ad hoc War Crimes Tribunal for the former Yugoslavia. In the foreword, the editor notes that the ICC draft contained within provided *99 inspiration or served as a model for the drafters of the Tribunal. It should be noted that this draft was submitted by the ILC to the General Assembly in Includes biographical references., comp. Statute of the International Criminal Court: a Documentary History. Ardsley, N.Y.: Transnational Publishers, xxii, 793 p. 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, 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.. The Statute of the International Criminal Court and Related Instruments: Legislative History Ardsley, NY: Transnational Publishers, Anticipated publication release date is mid Krieger, David. A Permanent International Criminal Court and the United Nations System in International Legal Issues Arising Under the United Nations Decade of International Law (Najeeb Al-Nauimi and Richard Meese eds, 1995). (The Hague, The Neth,: Martinus Nijhoff Publishers, xxxi, 1338 p.) 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 Lawyers Committee for Human Rights. Compliance with ICC decisions. International Criminal Court Briefing Series, Vol. 1, No. 5. November p. 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 *100 state cooperation and compliance with ICC decisions given that the court would have no enforcement capacity.. Crimes Within the ICC's Jurisdiction and Essential Elements of Their Definitions. International Criminal Court Briefing Series, Vol. 1, No. 3. February p. 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).. Establishing and Financing the International Criminal Court. International Criminal Court Briefing Series, Vol. 1, No. 7. March p. 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.. Establishing an International Criminal Court: Major Unresolved Issues in the Draft Statute. New York, NY: Lawyers Committee for Human Rights, i, 23 p. A position paper on the unresolved issues of the draft statute for the ICC that would go before the Preparatory Committee in August 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.. Exercise of ICC Jurisdiction: the Case for Universal Jurisdiction. International Criminal Court Briefing Series, Vol. 1, No. 8. May p. Set forth in this position paper are the proposals and recommendations for universal ICC jurisdiction to be included in the draft statute. *101. Fairness to Defendants at the International Criminal Court: Proposals to

6 Strengthen the Draft Statute and its Protection of Defendants' Rights p. This position paper discusses the provisions of the draft statute concerning the rights of suspects and defendants brought before the court and the Lawyers Committee's recommendations to strengthen the statute's due process protections.. The International Criminal Court Trigger Mechanism and the Need for an Independent Prosecutor. International Criminal Court Briefing Series, Vol. 1, No. 4. July p. 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. No Peace Without Justice. International Campaign for the Establishment of the International Criminal Court in Par L'Imprimerie Xpress-Rome, p. This book contains the discussions and proceedings of a conference held in Paris on the 19 th and 20 th 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 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. *102 Promoting the Right to Reparation for Survivors of Torture: What Role for a Permanent International Criminal Court? London, Eng.: Redress, xiv, 84 p. 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. Stone, Julius and Robert K. Woetzel, eds. Toward a Feasible International Criminal Court. Geneva, Switz.: World Peace Through Law Center, xv, 352 p. 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 * covering the impasse in plans for an ICC and the range of crimes covered by such a

7 court, respectively. 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, p. The focus of this conference report is on the issues concerning the role of the proposed ICC vis-à-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. Wexler, Leila Sadat, ed. Observations on the Consolidated ICC Text Before the Final Session of the Preparatory Committee. 13 bis Nouvelles Études Pénales. Toulouse, Fr.: Association Internationale de droit Pénal: Érè, p. This special volume updates volume 13, entitled The International Criminal Court: Observations and issues before the Preparatory Committee; and administrative and financial implications. It was prepared to assist the delegates of the Preparatory Committee on the Establishment of an International Criminal Court, 15 March-3 April 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. Woetzel, Robert K. ed. Draft Convention on International Crimes and Draft Statute for an International Criminal Court. Washington, D.C.: The World Peace Through Law Center, p. 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. *104 ii. Articles American Bar Association. "American Bar Association Task Force on an International Criminal Court," International Law 28 (1994): Annan, Kofi. "Advocating for an International Criminal Court," Fordham International Law Journal (1997): Arsanjani, Mahnoush H. "The Rome Statute of the International Criminal Court," American Journal of International Law 93 (1999): Bachrach, Michael. "The Permanent International Criminal Court: An examination of the Statutory Debate," ILSA Journal of International & Comparative Law 5 (1998): Ballard, Lara A. "The Recognition and Enforcement of International Criminal Court Judgments in U.S. Courts," Columbia Human Rights Law Review 29 (1997): Bassiouni, M. Cherif. "The Need for an International Criminal Court in the New International World Order," Vanderbilt Journal of Transnational Law 25 (1992): "The Time Has Come for an International Criminal Court," Indiana International & Comparative Law Review 1 (1991): Berg, Bradley E. "The 1994 I.L.C. Draft Statute for an International Criminal Court: A Principled Appraisal of Jurisdictional Structure," Case Western Reserve Journal of International Law 28 (1996): Bergsmo, Morten. "The Jurisdictional Regime of the International Criminal Court (Part II, Articles 11-19), European Journal of Crime, Criminal Law & Criminal Justice 6 (4) (1998): Blakesley, Christopher L. "Jurisdiction, Definition of Crimes, and Triggering Mechanisms," Denver Journal of International Law & Policy 25 (1997): *105 Bleich, Jeffrey L. "The International Criminal Court: Report of the ILA Working Group on Complementarity," Denver Journal of International Law & Policy 25 (1997):

8 . "The International Criminal Court: Report of the ILA Working Group on Cooperation with National Systems," Denver Journal of International Law & Policy 25 (1997): Broomhall, Bruce. "Looking Forward to the Establishment of an International Criminal Court: Between State Consent and the Rule of Law," Criminal Law Forum 8 (1997): Carter, James H. "American Bar Association Section of International Law and Practice and the Standing Committee on World Order Under Law Reports to the House of Delegates," International Lawyer 29 (1995): Cavicchia, Joel. "The Prospects for an International Criminal Court in the 1990's," Dickinson Journal of International Law 10 (1992): Clark, Roger S. "The Proposed International Criminal Court: Its Establishment and its Relationship With the United Nations," Criminal Law Forum 8 (1997): Crawford, James. "An International Criminal Court?, Symposium," Connecticut Journal of International Law 12 (1997): "The ILC Adopts a Statute for an International Criminal Court," American Journal International Law 89 (1995): Derby, Daniel H. "An International Criminal Court for the Future," 5 Transnational Law & Contemporary Problems 5 (1995): Evered, Timothy C. "An International Criminal Court: Recent proposals and American Concerns," 6 Pace International Law Review 6 (1994): Graditzky, Thomas. "War Crime Issues Before the Rome Diplomatic Conference on the Establishment of an International Criminal Court," *106 University of California at Davis Journal of International Law & Policy 5 (1999): Greenberg, Michael D. "Creating an International Criminal Court," Boston University International Law Journal 10 (1992): Gianaris, William N. "The New World Order and the Need for an International Criminal Court," Fordham International Law Journal 16 (1993): Gilmore, William C. "The Proposed International Criminal Court: Recent Developments," Transnational Law & Contemporary Problems 5 (1995): Gross, Leo. "An International Criminal Court. A Step Toward World Peace: A Documentary History and Analysis. Vol. I: Half a Century of Hope. Vol. II: The Beginning of Wisdom. By Benjamin B. Ferencz. London, Rome, New York: Oceana Publications, Inc., vol. I: pp. X, 674. Index. & 75 for 2 Vols.," 76 American Journal of International Law 76 (1982): Grossman, Claudio. "International Support for International Criminal Tribunals and an International Criminal Court," American University International Law Review 13 (1998): Guffey-Landers, Nancy E. "Establishing an International Criminal Court: Will it do Justice?," Maryland Journal of International Law & Trade 20 (1996): Hall, Christopher Keith. "The Fifth Session of the UN Preparatory Committee on the Establishment of International Criminal Court," American Journal of International Law 92 (1998): "The First Five Sessions of the UN Preparatory Commission for the International Criminal Court," American Journal of International Law 94 (2000): "The First Two Sessions of the UN Preparatory Committee on the Establishment of International Criminal Court," American Journal of International Law 92 (1997): *107. "The Sixth Session of the UN Preparatory Committee on the Establishment of International Criminal Court," American Journal of International Law 92 (1998): "The Third and Fourth Sessions of the UN Preparatory Committee on the Establishment of International Criminal Court," American Journal of International Law 92 (1998): Howard, Robert J. "An Economic Paradigm for the Debate Concerning the Jurisdictional Extent of the International Criminal Court," Touro International Law Review 8

9 (1998): Jamison, Sandra L. "A Permanent International Criminal Court: A Proposal That Overcomes Past Objections," Denver Journal of International Law & Policy 23 (1995): Karadsheh, Rose Marie. "Creating an International Criminal Court: Confronting the Conflicting Criminal Procedures of Iran and the United States," Dickinson Journal of International Law 14 (1996): Kim, Young Sok. "The Cooperation of a State to Establish an Effective Permanent International Criminal Court," Journal of International Law & Practice 6 (1997): Keitner, Chimene. "Crafting the International Criminal Court: Trials and Tribulations in Article 98(2)," UCLA Journal of International Law & Foreign Affairs 6 (2001): Krass, Caroline D. "Bringing the Perpetrators of Rape in the Balkans to Justice: Time for an International Criminal Court," 22 Denver Journal of International Law & Policy 22 (1994): Krohne, Steven W. "The United States and the World Need an International Criminal Court as an Ally in the War Against Terrorism," Indiana International & Comparative Law Review 8 (1997): Leigh, Monroe. "Evaluating Present Options for an International Criminal Court," Military Law Review 149 (1995): *108 Levie, Howard S. "Evaluating Present Options for an International Criminal Court," Military Law Review 149 (1995): Levitine, Ilia B. "Constitutional Aspects of an International Criminal Court," New York International Law Review 9:27 (1996): Lin, Christa Tzu-Hsiu. "The International Criminal Court: Taiwan's Last Hope?," Pacific Rim Law & Policy Journal 6 (1997): Marquardt, Paul D. "Law Without Borders: The Constitutionality of an International Criminal Court," Columbia Journal of Transnational Law 33 (1995): McGrath, Christopher J. "Today's Transnational Crime Epidemic: The Necessity of an International Criminal Court to Battle Misdeeds Which Transcend National Borders," Journal of International Law & Practice 6 (1997): McKeon, Patricia A. "An International Criminal Court: Balancing the Principle of Sovereignty Against the Demands for International Justice," St. John's Journal of Legal Commentary 12 (1997): Nanda, Ved P. "The Establishment of a Permanent International Criminal Court: Challenges Ahead," Human Rights Quarterly 20: Pace University School of Law. "Draft Statute for an International Criminal Court," Pace International Review 6 (1994): Pejic, Jelena. "Conceptualizing Violence: Present and Future Developments in International Law: Panel II: Adjudicating Violence: Problems Confronting International Law and Policy on War Crimes and Crimes Against Humanity: The Tribunal and the ICC Do Precedents Matter?," Albany Law Review 60 (1997): "Creating a Permanent International Criminal Court: The Obstacles To Independence and Effectiveness," Columbia Human Rights Law Review 29 (1998): "The International Criminal Court: Issues of Law and Political Will," Fordham International Law Journal 18 (1995): *109. "The Role of International Law in the Twenty-first Century: The International Criminal Court: Issues of Law and Political Will," Fordham International Law Journal 18 (1995): "What is an International Criminal Court? As Negotiations on the Establishment of an ICC Start, the Debate Heats Up," Human Rights 23 (1996): Peter, Matthew D. "The Proposed International Criminal Court: A Commentary on the Legal and Political Debates Regarding Jurisdiction That Threaten the Establishment of an Effective Court," Syracuse Journal of International Law & Commerce 24 (1997):

10 Pickard, Daniel B. "Proposed Sentencing Guidelines for the International Criminal Court," Loyola of Los Angeles International & Comparative Law Journal 20 (1997): Rebane, Kai I. "Extradition and Individual Rights: The Need for an International Criminal Court to Safeguard Individual Rights," Fordham International Law Journal 19 (1996): Rosenstock, Robert B. "1994 Mclean Lecture on World Law: The Proposal for an International Criminal Court," University of Pittsburgh Law Review 56 (1994): Rydberg, Asa. "The Protection of the Interests of Witnesses: the ICTY in Comparison to the Future ICC," Leiden Journal of International Law 12 (2) (1999): Santosus, Bonnie. "An International Criminal Court: 'Where Global Harmony Begins,"' Touro International Law Review 5 (1994): Schabas, William A. "General Principles of Criminal Law in the International Criminal Court Statute (Part III), European Journal of Crime, Criminal Law & Criminal Justice 6 (4) (1998): Scharf, Michael P. "Getting Serious About an International Criminal Court," Pace International Law Review 6 (1994): *110. "The Jury is Still Out on the Need for an International Criminal Court," Duke Journal of Comparative & International Law 1991 (1991): "The Politics of Establishing an International Criminal Court," Duke Journal of Comparative & International Law 6 (1995): Simpson, Gerry J. "Throwing a Little Remembering on the Past: The International Criminal Court and the Politics of Sovereignty," University of California at Davis Journal of International Law & Policy 5, (1999): Sinanyan, Lori. "The International Criminal Court: Why the United States Should Sign the Statute (But Perhaps Wait to Ratify)," Southern California Law Review 73 (2000): Tallgren, Immi. "Completing the 'International Criminal Order': the Rhetoric of International Repression and the Notion of Complementarity in the Draft Statute for an International Criminal Court," Nordic Journal of International Law 67 (2) (1998): Warrick, Thomas S. "Organization of the International Criminal Court: Administrative and Financial Issues," Denver Journal of International Law & Policy 25 (1997): Wexler, Leila Sadat. "Committee Report on Jurisdiction, Definition of Crimes, and Complementarity," Denver Journal of International Law & Policy 25 (1997): "International Law Association - American Branch: Committee on a permanent International Criminal Court," Denver Journal of International Law & Policy 25 (1997): "The Proposed Permanent International Criminal Court: An Appraisal," Cornell International Law Journal 29 (1996): Wise, Edward M. "General Rules of Criminal Law," Denver Journal of International Law & Policy 25 (1997): *111 Wood, Sara. "Should We Have A Permanent International Criminal Court?," Human Rights 23 (1996): Yee, Sienho. "A Proposal to Reformulate Article 23 of the ILC Draft Statute for an International Criminal Court," Hastings International & Comparative Law Review 19 (1996): II. THE HISTORY AND THE EVOLUTION OF AN INTERNATIONAL CRIMINAL TRIBUNAL i. Books, Papers and Treatises Bassiouni, M. Cherif and Ved P. Nanda, eds. A Treatise on International Criminal Law, vol. 1, Crime and Punishment. Springfield, Ill.: Charles C. Thomas Publisher, xxv, 751 p.

11 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. Bellot, Hugh H.L. A Permanent International Criminal Court. London, U.K.: International Law Association, p. 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 *112 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. Dai Tribunali Penali Internazionali ad hoc a una Corte Permanente/ a Cura di Flavia Lattanzi ed Elena Sciso. Napoli, Italy: Editoriale Scientifica, ix, 363 p. This contains the proceedings of a conference held in Rome, December 15-16, 1995, on the occasion of the 50 th 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. Dinstein, Yoram and Mala Tabory, eds. War Crimes in International Law. The Hague, The Neth.: Martinus Nijhoff Publishers, xiv, 489 p. 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. 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. *113 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. The Establishment of an International Criminal Court. Foundation for the Establishment of an International Criminal Court and The Johnson Foundation, p. 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

12 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. 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, xvii, 538 p. 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. *114. 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, p. 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 ) and an index. Glueck, Sheldon. War Criminals, Their Prosecution & Punishment. NY: A.A. Knopf, (Millwood, NY: Kraus Reprint Co. 1976). viii, 250, xii p. 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 nationstate one; and, the legal responsibility imposed on the individual involved versus acts of state or orders of superiors. Includes bibliographical references in "Notes" (p ). International Conference on the Repression of Terrorism. Proceedings of the International Conference on the Repression of Terrorism, Geneva, November 1 st to 16 th, Geneva, Switz.: Series of League of Nations Publications. V. Legal V p. 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. *115 Janis, Mark, ed. International Courts for the Twenty-First Century. Dordrecht, The Neth.: Martinus Nijhoff Publishers, xvi, 261 p. 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 ( ). 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. 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

13 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. Includes bibliographical references and an index. MacPherson, Bryan F. An International Criminal Court: Applying World Law to Individuals. Washington, D.C.: The Center for UN Reform Education, vi, 70 p. 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. McCormack, Timothy L.H. and Gerry J. Simpson, ed. The Law of War Crimes: National and International Approaches. The Hague, The Neth.; Boston, Mass.: Kluwer Law International, xxvii, 262 p. 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 *116 "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. Morton, Jeffrey S. The International Law Commission of the United Nations. Columbia, S.C.: University of South Carolina Press, xvi, 225 p. 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 ) and an index. Ratner, Steven and Jason S. Abrams. Accountability for Human Rights Atrocities in International Law: Beyond the Nuremberg Legacy, 2 nd. ed. Oxford, Eng.: Clarendon Press, xlvii, 435 p. 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 ) and an index. *117 Shelton, Dinah, ed. International Crimes, Peace, and Human Rights: the Role of the International Criminal Court. Ardsley, N.Y.: Transnational Publishers, Inc., xiv, 356 p. 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

14 for the Former Yugoslavia, and how the ICC could, in turn, resolve international conflicts. 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. 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. 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 non-party states. One chapter, specifically addresses the United States interests and reservations over the ICC and its jurisdictional reach. The appendix contains a reprint of the Rome Statute of the International Criminal Court. Includes bibliographical references and an index. Reeder, René Marius. The Establishment of an International Criminal Court, Some General Problems. Amsterdam, The Neth.: Nuss, p. 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 *118 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 Includes bibliography references of English and French materials (p ). Sottile, Antoine. The Problem of the Creation of a Permanent International Criminal Court. Nendeln, Liech., p. 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. Sunga, Lyal S. The Emerging System of International Criminal Law. The Hague, The Neth.: Kluwer Law International, xxii, 486 p. 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 *119 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

15 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. Taylor, Telford. The Anatomy of the Nuremberg Trials: a Personal Memoir. New York, N.Y.: Knopf, xii, 703 p. 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 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. *120 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., vii, 147 p. 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. 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 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. ii. Articles Baez, Jose A. "An international crimes court: further tales of the King of Corinth," Georgia Journal of International & Comparative Law 23 (1993): Bassiouni, M. Cherif. "Establishing An International Criminal Court: Historical Survey," Military Law Review 149 (1995): "From Versailles to Rwanda in Seventy-Five Years: The Need to Establish a Permanent International Criminal Court," Harvard Human Rights Journal 10 (1997): "The International Criminal Court in Historical Context," St. Louis-Warsaw Transatlantic Law Journal 99 (1999): *121 Benison, Audrey I. "War Crimes: A Human Rights Approach to a Humanitarian Law Problem at the International Criminal Court," Georgetown Law Journal 88 (1999): Bleich, Jeffrey L. "War Crimes and Other Human Rights Abuses in the Former Yugoslavia," Whittier Law Review 16 (1995):

16 Brown, Bartram S. "Primacy or Complementarity: Reconciling the Jurisdiction of National Courts and International Criminal Tribunals," Yale Journal of International Law 23 (1998): Concannon, Jr., Brian. "Beyond Complementarity: The International Criminal Court and National Prosecutions, A View from Haiti," Columbia Human Rights Law Review 32 (2000): Corell, Hans. "Nuremberg and the Development of an International Criminal Court," Military Law Review 149 (1995): Ferencz, Benjamin B. "International Criminal Courts: The Legacy of Nuremberg," Pace International Law Review 10 (1998): Gallant, Kenneth S. "The Role and Powers of Defense Counsel in the Rome Statute of the International Criminal Court," International Law 34 (2000): Heath, Jr., John William. "Journey Over "Strange Ground": From Demjanjuk to the International Criminal Court Regime," Georgetown Immigration Law Journal 13 (1999): Hwang, Phyllis. "Defining Crimes Against Humanity in the Rome Statute of the International Criminal Court," Fordham International Law Journal 22 (1998): Janis, Mark W. "The Utility of International Criminal Courts," Connecticut Journal of International Law 12 (1997): Levy, Ayelet. "Israel Rejects its Own Offspring: The International Criminal Court," Loyola of Los Angeles International & Comparative Law Review 22 (1999): *122 Lippman, Matthew. "Towards and International Criminal Court," San Diego Justice Journal 3 (1995): Massimino, Elisa C. "Prospects for the Establishment of an International Criminal Court," Whittier Law Review 19 (1997): 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): Noone, Gregory P. Lieutenant Commander, JAGC, U.S. Navy. "An Introduction to the International Criminal Court," Naval Law Review 46 (1999): 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): Sadat, Leila Nadya. "The Establishment of the International Criminal Court: From The Hague to Rome and Back Again," Journal of International & Practice 8 (1999): 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): 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): *123 III. THE 1998 ROME CONFERENCE i. Books, Papers and Treatises Human Rights Watch. Justice in the Balance: Recommendations for an Independent and Effective International Criminal Court. New York, N.Y.: Human Rights Watch, viii, 166 p. 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.

17 Lee, Roy S. ed. The International Criminal Court, Elements of Crimes and Rules of Procedure and Evidence. Ardsley, NY: Transnational Publishers, xvi, 857 p. 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., ed. The International Criminal Court, the Making of the Rome Statute: Issues, Negotiations, Results. The Hague, The Neth.: Kluwer Law international, xxxv, 657 p. This compilation was designed to serve as an authoritative, objective account of the negotiating history of the Rome Statute. The nineteen *124 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. ii. Articles Arsnjani, Mahnoush H. "The Rome Statute of the International Criminal Court," American Journal of International Law 93 (1999): Bassiouni, M. Cherif. "Negotiating the Treaty of Rome on the Establishment of an International Criminal Court," Cornell International Law Journal 32 (1999): Bos, Adriaan. "Dedicated to the Adoption of the Rome Statute of the International Criminal Court : The Universal Declaration of Human Rights and the Statute of the International Criminal Court," Fordham International Law Journal 22 (1998): Detroit College of Law at Michigan State University. "Treaty: Rome Statute of the International Criminal Court," Journal of International Law & Practice 8 (1999): "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): Hsu, Yuan-Ying. "The International Criminal Court: The Making of the Rome Statute: Issues, Negotiations, Results. Edited by Roy S. Lee. *125 Cambridge, Massachusetts: Kluwer Law International, pp. xxxv, 657. $177.00," New York University Journal of International Law & Politics 32 (2000): 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): Keatts, Brian D. "The International Criminal Court: Far From Perfect," New York Law School Journal of International & Comparative Law 20 (2000): Kirsch, Phillippe. "The Rome Conference on an International Criminal Court: the

18 Negotiating Process," American Journal of International Law 93 (1999): Marler, Melissa K. "The International Criminal Court: Assessing the Jurisdictional Loopholes in the Rome Statute," Duke Law Journal 49 (1999): Martin, David A. "Haste, Gaps, and Some Possible Cures for the ICC: An Introduction to the Panel," Virginia Journal of International Law 41 (2000): McCormack, Timothy L.J. "Jurisdictional Aspects of the Rome Statute for the New International Criminal Court," Melbourne University Law Review 23 (1999): Meier, Mike and John R. Schmertz. "By Large Majority, U.N. Conference in Rome Approves Permanent International Criminal Court," International Law Update 4 (1998): 88. Newton, Michael A. "Comparative Complementarity: Domestic Jurisdiction Consistent with the Rome Statute of the International Criminal Court," Military Law Review 167 (2001): Pejic, Jelena. "The International Criminal Court Statute: An Appraisal of the Rome Package," International Law 34 (2000): *126 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): Robinson, Darryl. "Developments in International Criminal Law: Defining Crimes Against Humanity at the Rome Conference," American Journal of International Law 93 (1999): Saulle, Maria Rita. "The International Criminal Court," University of California at Davis Journal of International Law & Policy 5 (1999): IV. INTERNATIONAL CRIMES, TRIBUNALS AND PROSECUTION, INCLUDING THE TRIBUNALS FOR THE FORMER YUGOSLAVIA AND RWANDA i. Books, Papers and Treatises Bass, Gary Jonathan. Stay the Hand of Vengeance: the Politics of War Crimes Tribunals Princeton, N.J.: Princeton University Press, p. 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. Ball, Howard. Prosecuting War Crimes and Genocide: the Twentieth-Century Experience. Lawrence, Kan.: University Press of Kansas, x, 288 p. 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. 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 *127 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 ) and an index. Bassiouni, M. Cherif and Peter Manikas. The Law of the International Criminal Tribunal for the Former Yugoslavia. Irvington, N.Y.: Transnational Publishers, Inc., xxxiii, 1092 p. 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

19 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. Beigbeder, Yves. Judging War Criminals: the Politics of International Justice. New York, N.Y.: St. Martin's Press, Inc., xvii, 230 p. 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 ) and an index. Bloed, Arie, et al., ed. Monitoring Human Rights: Comparing International Procedures and Mechanisms. Dordrecht, The Neth.: Martinus Nijhoff Publishers, xvi, 338 p. 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 *128 Europe. Reviewed are the mechanisms under the United Nations, the Conference on Security and Co-operation 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. Clark, Roger S. and Madeleine Sann. eds. The Prosecution of International Crimes: A Critical Study of the International Tribunal for the Former Yugoslavia. New Brunswick, N.J.: Transaction Publishers, xi, 502 p. 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 ). Dugard, John and Christine van den Wyngaert, eds. International Criminal Law and Procedure. Aldershot, Eng.; Brookfield, Wis.: xxi, 524 p. 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 *129 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. 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 (Najeeb Al-Nauimi and Richard Meese eds, 1995). (The Hague, The Neth,: Martinus Nijhoff Publishers, xxxi, 1338 p.)

20 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. Lescure, Karine and Florence Trintignac. International Justice for Former Yugoslavia. The Hague, The Neth., xix, 192 p. The authors worked with the Centre de Droit International (CEDIN), the Fédération Internationale des Ligues des Droits de 1'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. 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 *130 Security Council Resolutions 808 and 827 and Rules of Procedure and evidence of the Hague Tribunal. Includes bibliographical references (p. 101). 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., (Vol. 1 xxiii, 501 p. & Vol. 2 ix, 691 p.) 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 ) and an index, both found in volume 1. and Michael P. Scharf. The International Criminal Tribunal for Rwanda. 2 Vol. New York, N.Y.: 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. 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 *131 materials from Interpol, the predecessors of the Rwanda Tribunal, such as material from the Nuremberg Tribunal, the Tokyo Tribunal and the Yugoslavia Tribunal. Volume 1 includes bibliographical references (p ) and an index. 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 (Paul L.C. Torrenmans ed., 2000). (The Hague, The Neth.; Boston, Mass.: Kluwer Law International, x, 356 p.) The author is this chapter traces the 20 th century evolution of the prosecution of war

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