This book is a vitally important 'restatement' of international criminal law. It discovers and delineates the process that, despite all obstacles, led the United Nations from Nuremberg to the Rome Statute of an International Criminal Court. Applying both direct practical experience and insightful analysis, Professor Sadat describes in detail the pattern that has emerged. She re-examines existing theories about international law and its formation, and suggests that the negotiation and adoption of the ICC Statute worked a quiet, albeit uneasy, revolution in international law. Indeed, Professor Sadat asserts that Rome may have been, or at least foreshadowed, a 'constitutional moment' of sorts -- a decision to re-equilibrate the organic structure of international law. Equally relevant for scholars, policymakers, and practitioners, the book is at once a primer on the Court -- describing its historical development, organisation, operations, and future development -- and an analysis, both theoretical and practical, of its actual and potential contribution to international law.
Emphasising the revolutionary aspects of the process, it traces the erratic development of the ICC Statute since 1945, and then goes on to describe and analyse the Court's major features, including jurisdiction, definition of crimes, general principles of law, trial and appeal, penalties, and the state cooperation regime. Also explored is the relationship between the ICC Statute and customary international law, as well as the relationship between the ICC and other international organisations.
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