How to use
With the help of this database you may find case law from the International Criminal Court and a commentary to the Rome Statute. You may access the case law and the commentary in two ways on the front page:
1. The legal texts
The case law and commentary is sorted under the relevant provision
Example 1 - commentary and case law concerning conscripting or enlisting children:
Click on "Statute" under on the front page.
Click on "Article 8" in the table of contents and go to "Article 2(b)(xxvi)".
Click on the footnote which gives you a short summary of the decision. In the future you will also find comments including relevant doctrine.
Click on "Decision on the confirmation of charges, 29 January 2007" and you will get access to the full original decision as a PDF.
2. The case law is sorted according to source/trial stage and date
Example 2:
Click on "Harun and Kushayb" in the "ICC Legal Tools Database" on the front page.
Click on "Pre-Trial" and "Decisions".
Click on "Decision on the Prosecution Application under Article 58(7) of the Statute" and you will get access to the original decision as a PDF.
You will also find that the references between the legal texts are linked.
Example 3 - references to the rules:
Click on "Statute" under "Legal Texts and Commentary" on the top menu.
Click on "Article 14" in the table of contents.
Click on the footnote.
Click on "Rule 45" to go to rule 45 which provides additional relevant provisions relating to Article 14.
- If you want to return to the Statute, click on the link "Article 14 Referral of a situation by a State Party" or use the Back Arrow in your webbrowser.
Example 4 - references to the regulations:
Click on "Statute" under "Legal Texts and Commentary" on the top menu.
Click on "Article 15" in the table of contents.
Click on "Regulation 49" to go to regulation 49 which provides additional relevant provisions relating to Article 15(3).
- If you want to return to the Statute, click on the link "article 15, paragraph 3" or use the Back Arrow in your webbrowser.
Example 5 - references to the elements:
Click on "Statute" under "Legal Texts and Commentary" on the top menu.
Click on "Article 8" in the table of contents and go to "Article 2(b)(xxvi)".
Click on the link "Conscripting or enlisting children under ...." to go to element.
Work in progress
Please note that the work on the commentary is in progress. It is expected that all articles in the Rome Statute will be commented by May 2015. Even after that date the commentary will be updated in order to include the latest case law. The commentary will also at a later stage include a full commentary on the ICC Rules of Procedure and Evidence.
