Commentary on the Rome Statute of the International Criminal Court: Observers' Notes, Article by Article

The first edition of this publication appeared in 1999, and it has been difficult to find a copy in libraries and bookstores. The appreciation of that publication has by now been amply proved by many references to it in the literature on the subject of international criminal law, as well as in judicial decisions by international criminal tribunals.1 After substantial revision and amendment, the second edition has just been published in a conspicuously enlarged tome. It has been long overdue, considering the exponential increase of judicial work and writings in this area during the intervening years. It is therefore expected to provide a wealth of opinions and information not included in the first edition. The contributors are drawn from some 15 countries, with many of them having had first-hand experience in this field through either participating in the Diplomatic Conference on the Establishment of the International Criminal Court in 1998 (“Rome Conference”), which adopted the Rome Statute of the International Criminal Court (“Rome Statute”), or being heavily involved in the work of ad hoc international criminal tribunals or the International Criminal Court (“ICC”). The quality of the Commentary in its two editions has been assured by the insights of those contributors, and the second edition follows closely the aim set forth for the drafting of the first. It may be useful to recall that aim, which was “to provide an insight [sic] view into, and an appreciation of, the legal requirements of the Statute by analyzing and as far as necessary interpreting the elements of each article in the light of the applicable law mentioned in article 21”.2 The comments have therefore been made by reference not only to the basic legal texts of the ICC but also to treaties, customary law, general principles of law and the case-law of the ICC, when available. Another aim of this Commentary is to preserve the context in which provisions of the Rome Statute were adopted.3