Elements of War Crimes under the Rome Statute of the International Criminal Court: Sources and Commentary

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 preparatoires 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.

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.