Description

In the summer of 1998, the Diplomatic Conference in Rome adopted the Statute of the International Criminal Court. Once in force, the Court is to try individuals suspected of genocide, crimes against humanity, and war crimes. The Statute contains elaborate definitions of these crimes, often referred to as Agross human rights violations@ or Aviolations of international humanitarian law.

This study aims to assess the subject matter jurisdiction of the International Criminal Court and to explore the borderlines of judicial interpretation. In due course, the definitions of the crimes included in the Rome Statute are to be interpreted by the Court on the basis of a Statutory provision containing a principle fundamental to most national criminal laws: nullum crimen sine lege. However, does this principle apply in international law in the same way as it does in national laws? And how should the Court deal with this principle in view of the character of the crimes concerned?

This study tries to provide an answer to all these questions.

Max van der Stoel Human Rights Award 2002

“The jury was deeply impressed by the book and admires the profoundity with which Machteld Boot has dealt with her subject...the jury considers Machteld Boot’s book to be a very important work...The work is very thorough...The book is so good that words like however and a pity really have no business here...The work is an excellent reference book, could easily serve as a handbook...”