ICL Database & Commentary

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About
The ICL Database & Commentary aims to provide scholars, as well as practitioners, a starting point for legal research in the field of International Criminal Law. It is developed by the editor Mark Klamberg.

How does the ICL Database & Commentary work? Read more on how to use the ICL Database & Commentary.

Considering that the ICL Database & Commentary is continously updated with the latest cases, the work on the website will always be in progress.

The ICL Database & Commentary is subject to a disclaimer.

The ICL Database & Commentary is subject to copyright and database protection. You are very welcome to use and credit the ICL Database & Commentary as a source. Please read more here.

You are very welcome to forward comments on usability and reliability of the database, click here and submit an e-mail with your comments.

How to use
At this website 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 three ways on the top menu:

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 "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 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" under "Case Law" on the top menu
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

3. Search engine
The legal texts, the commentary and the case law are searchable.

Example 3
Click on "Search" on the top menu
Enter "Decison on the confirmation of charges" and press "search" and you will get access to the original decision as a PDF
- If you want search by date, please use the format "Day Month Year", for example "10 August 2007"
- If the search engine finds several hits in a decision or a judgment (pdf documents), you may scroll between the hits.
- There is no built in scrolling function in other types of documents. Instead, after clicking on the link to the document, you may use CTRL-F, enter the search criteria once more and press the Next button in your browser.

You will also find that the references between the legal texts are linked.
Example 4 - 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 "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 5 - 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 6 - 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.

- If you want to return to the Statute, click the on the title of the element or use the Back Arrow in your webbrowser

Work in progress
Please note that the work on the commentary is in progress. You may find a sample of the future commentary here. It is expected that all articles in the Rome Statute will be commented by 31 December 2007. 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 to the rules of procedure and evidence.

Disclaimer
The editor maintains this website to provide a database covering the jurisprudence of the International Criminal Court and a commentary to the Rome Statute and other relevant legal instruments. The aim is to keep this information timely and accurate. If errors are brought to the editor's attention, he will try to correct them.

The information provided here is intended for general information purposes only. The editor accept no responsibility or liability with regard to the information on this site.

Please note that the texts:
are not necessarily comprehensive, complete, accurate or up-to-date, are sometimes linked to external sites over which the editor have no control and for which the editor assume no responsibility, have no official, legal status. The legal documents available on this site are downloaded from the website of the International Criminal Court. Only documents directly acquired from the International Criminal Court, subject to the relevant disclaimer of the Court, are deemed to be authentic.

Copyright and quoting
All original content published anywhere on this site is the intellectual property of the editor, subject to the disclaimer.

The comments to the specific legal provisions, the links between the legal texts, the structure and ways of gaining access to the jurisprudence are original contributions of the editor.

The entire database and commentary is subject to database protection, including the Directive 96/9/EC of the European Parliament and of the Council of 11 March 1996 on the legal protection of databases.

You may use the ICL Database & Commentary as a source provided that you give credit. Please provide a link back to ICL Database & Commentary or give a full reference to the database and commentary when quoting.

Example on how to quote (the inclusion at the end of the URL is optional):
Mark Klamberg, comment on article 8(2)(b)(xxvi)
in the ICL Database & Commentary, available at www.iclklamberg.com

If you would like to link to a specific comment from your website, an e-mail or when using instant messaging applications, the following explanation on how the URLs work may help you. The addresses of the comments are structured according to the following pattern:

http://www.iclklamberg.com/<Legal Text.htm>[#_ftn<comment>]

The legal texts are labelled: Statute, Rules, Regulations and Elements

Example on how to link:
In order to link to the comment on the war crime of conscripting or enlisting children under the age of fifteen years into the national armed forces or using them to participate actively in hostilities the address is:

http://www.iclklamberg.com/Statute.htm#_ftn90