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Part 2 Jurisdiction, Admissibility, and Applicable Law: Compétence, Recevabilité, Et Droit Applicable, Art.9 Elements of Crimes/Éléments des crimes

William A. Schabas

From: The International Criminal Court: A Commentary on the Rome Statute (2nd Edition)

William A Schabas

From: Oxford Public International Law (http://opil.ouplaw.com). (c) Oxford University Press, 2021. All Rights Reserved.date: 26 January 2021

Subject(s):
Elements of crimes — International criminal law, conduct of proceedings — Evidence

This chapter comments on Article 9 of the Rome Statute of the International Criminal Court. Article 9(1) explains that the role of the Elements of Crimes is to ‘assist’ the Court in the interpretation and application of articles 6, 7 and 8, which define the crimes over which the Court has subject-matter jurisdiction. Sometimes the Elements merely repeat elements that are obvious enough from a summary reading of the text in the Statute, but in other cases they provide further detail with respect to a provision, occasionally amplifying its apparent scope while on other occasions reducing it. Given the considerable effort devoted to their drafting and the very extensive academic commentary, the Elements of Crimes have made a paltry contribution to the jurisprudence of the International Criminal Court.

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