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William A. Schabas/Flavia Lattanzi (eds.)
Essays on the Rome Statute of the International Criminal Court
Volume I
1999, XXVI, 518 (544), 30,- EURO, ISBN 88-87847-00-1
This collection of essays has been made possible by a research project funded (ex 40%) by the Italian Ministry for University, Scientific Research and Technology (MURST). It has been printed with the contribution of the Dipartimento di Studi Giuridici, Comparati, Internazionali ed Europei of the Università degli Studi di Teramo.
Volume features: close format 17x24; print 2 colors cover paper 285 gr.; interior paper 90 gr.; print run 1000 copies; original text in English and French.
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EDITORS' NOTE
The adoption in Rome, on July 17, 1998, of the Statute of the International Criminal Court (ICC) realized a dream pursued by the international community for almost a century. Making this dream a reality was an enormous political and legal accomplishment. The heart of the problems involved in the task can be summarized in two words, full of significance: State sovereignty.
Unless we dwell in pure utopia, it must be admitted that in inter-State relations humanitarian interests are filtered by governments. Despite much commentary about its alleged erosion, the sovereignty of States continues to constitute a reality which enjoys - for better or for worse - very good health. This reality conditioned the process of elaboration and negotiation of the ICC Statute, and is a theme that can be found throughout the 128 articles of this complex instrument.
In the result, however, a concrete result was most definitely achieved. Thanks are do, in no small part, to non-governmental organizations, more attentive to humanitarian interests than the States.
The work carried out at the Rome Diplomatic Conference, as well as during the sessions of the Preparatory Committee, is far from perfect. Nevertheless, given the enormous obstacles, it may well be the most satisfactory result possible in the circumstances. As the President of the Rome Conference, Professor Giovanni Conso, said on more than one occasion over the course of the Rome negotiations, "the best is always the enemy of the good". And, yet, for better solutions there is still a time and a place: namely the "Review Conference" that, according article 123 of the Statute, "seven years after the entry into force of the Statute the Secretary General of the United Nations shall convene [...] in order to consider any amendments to this Statute".
The prospect of a future Review Conference confronts the academic community with a responsibility to conduct an in-depth examination of the norms comprised within the Rome Statute, the whole with the view of making proposals aimed at modification and improvement. These essays represent a modest contribution to the process.
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The Statute is composed of 128 articles and a preamble. It is divided into thirteen parts. Almost every provision consists of several paragraphs and sub-paragraphs.
All aspects of the Statute deserve commentary. However, we have decided to make a selective, although relatively comprehensive, choice, focusing both on the importance of issues within a legal and/or political context, as well as the availability of contributors with relevant expertise. It is for this reason that we have opted for a collection of essays rather than a commentary article by article.
The work was originally conceived in two volumes, the first devoted to topics of a more strictly international law concern, the second to subjects more relevant to principles of international criminal law. The pace of contributions made this scheme difficult to implement, and finally this first volume consists of a balanced mixture between international law and criminal law. However, a second volume is forthcoming.
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The publication of this collection of essays has been made possible thanks to financial support from the Italian Ministry of University and Research (MURST) and the University of Teramo. The printing was partially financed by the Faculty of Law of the same University. The editors would like to express their gratitute towards these institutions.
The editors would like to thank David Donat-Cattin for his advice and contribution to the editing, and Gianni Canzio for his precious technical assistance.
November 1999,
Flavia Lattanzi & William A. Schabas
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