The Prosecution of International Crimes
A Practical Guide to Prosecuting ICC Crimes in Commonwealth States
With the coming into force of the Rome Statute of the International Criminal Court (ICC) on 1 July 2002, a new era of international criminal justice has begun. For the first time, a permanent international court has been established with jurisdiction to try individuals for the most serious crimes: genocide, crimes against humanity and war crimes.
But the impact of the ICC goes well beyond the international stage. The Court is intended to complement national jurisdictions and will only take on cases when States with jurisdiction over the relevant crime(s) are either unwilling or unable to conduct the prosecution. Thus the vast majority of cases will be investigated and prosecuted by domestic authorities in domestic courts. This has significant ramifications for the police, to investigate, prosecute, defend or adjudicate on such matters as well as render various types of assistance to the ICC.
This Guide is intended to assist domestic authorities within Commonwealth countries in meeting this challenge by providing practical information about the Court, the relevant principles of international law and the new laws adopted in each State. Part I takes the reader through the structure of the ICC, issues relating to jurisdiction, an outline of the crimes, a description of the co-operation regime and general principles of international humanitarian law. Part II looks at national legislation that has been adopted to date.
It is hoped that this publication will serve as an important guide for legal professionals and all those working in the criminal justice system and enable them to become familiar with the practical realities involved in ending impunity for those who have committed the gravest of international crimes.
Preface by Don McKinnon, Commonwealth Secretary-General
Introduction by Max du Plessis, Ben Brandon and Kimberly Prost
Part I. The International Criminal Court
1. Institutional Framework of the ICC by Hakan Friman and Darryl Robinson
2. Jurisdiction and Complementarity by Ben Brandon
3. ICC Crimes by Max du Plessis
4. Co-operation with the ICC: Arrests and Surrender, the Gathering of Evidence and Asset Forfeiture by Kimberly Prost
5. Doctrines of International Criminal Law by Andreas O'Shea
Part II. The ICC Statute and Commonwealth States
6. Australia by Jessica Howard and Timothy LH McCormack
7. Canada by William A Schabas
8. New Zealand by Treasa Dunworth
9. South Africa by Max du Plessis
10. The United Kingdom by Ben Brandon
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