2003] BOOK REVIEWS 117

of 19 December 1952, the Strict Liability Act of 1978, and the Environmental
Liability Act of 10 December 1990. The fourth edition adds 36 additional
decisions of German courts with a new table listing the translator for each
decision, updates the commentary with material about reform proposals
amending the code and changes caused by the new Code of Civil Procedure.
In addition to the table of contents the finding aids include tables of cases for
common law and German decisions and an extensive index.
The treatise is of particular value to those who teach comparative law
because it includes 151 translated decisions. One of the difficulties faced in
teaching civil law to common law students is explaining how a civil code
operates. Generally the material available in English is limited to a translation
of the code with little or no commentary and perhaps fragments of cases.
These small samples are not enough, even supplemented with lectures and
outside reading. Markesinis and Unberath provide code sections, commentary,
and cases on a topic which should be familiar to most students from the first
year of law school. The judicial reasoning of a variety of jurists applying the
tort portions of a civil code to familiar fact situations demonstrates the
operation of the code to the student far more comprehensively than any
summary that could be given in a lecture.
There are two points about the format that could be improved. The
translated code provisions and other statutes would be much easier to find and
use if they were pulled together into an appendix. The table of contents does
not make it clear that the translated texts of the delict provisions appear in the
introduction. There are numerous maps which illustrate the unification and
reunification of Germany and portraits of German jurists in the third edition.
Many of these have been eliminated in the fourth edition. The features on the
pre-codification map of Germany, changed from color to black and-white in
the fourth edition, are nearly impossible to distinguish.

Amber Lee Smith

Los Angeles County Law Library
Los Angeles, California

The International Criminal Court: Elements of Crimes and Rules of

Procedure and Evidence. Edited by Roy S. LEE. New York: Transnational,
2001. pp. lxvi, 857. ISBN 1-57105-209-7. US$175.00.

The First Session of the Assembly of States Parties to the Rome Statute
of the International Criminal Court was held in New York on September 3-10,

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 118 INTERNATIONAL JOURNAL OF LEGAL INFORMATION [Vol. 31:1

2002. 2 At its 3rd meeting, on September 9, 2002, the Assembly adopted the
Rules ofProcedure and Evidence (Part II.A of the Report) and the Elements of
Crimes (Part II. B of the Report) as submitted by the Preparatory Commission. 3
The adoption of these instruments was one of the most important steps taken
at the First Session to "reinforce the Court's stature and credibility as a truly
international institution. ,,4
The recent adoption of Elements ofCrimes and RulesofProcedure and
Evidence makes this book, edited by Professor Roy S. Lee, especially
significant. Professor Lee, who was Executive Secretary of the Diplomatic
Conference and Secretary of the Preparatory Committee on the Establishment
of an International Criminal Court, has assembled another distinguished group
of authors similar to those who prepared his earlier companion book on the
making of the Rome Statute.' Twenty-nine authors, most of whom have played
key roles in the Preparatory Commission's drafting of the Elements and the
Rules, have collaborated to bring an "insider's view" of the issues and
negotiations undertaken in the drafting process. Their contributions serve as
an invaluable resource for legislative history on these two instruments.
The prefatory pages of this book contain useful information for the
reader. The section on "Key Terms and References" provides a complete
listing, including citation information, of institutions and documents referenced
in the book. Divided into six parts," this list readily serves as a handy tool for
locating background information on the work of the Preparatory Commission.
The key references list is clarified by two succeeding articles. "The Work of
the Preparatory Commission" by Philippe Kirsch, Chairman of the
Commission, explains the Commission's mission and offers an overview of the
negotiating process. IIi the Introduction, Professor Lee decries the absence of
official documentation from the working groups concerning their negotiations
and, therefore, suggests that the authors, who "actually attended the meetings

2 Report. Official Records of the Assembly of States Parties to the Rome Statute

of the International Criminal Court. First Session. U.N. Doc. ICC-ASP/I/3 and Corr.l
(3-10 September 2002).
3 Id at 5, para. 22.

4 Kofi A. Annan, Preface.

S The International Criminal Court: The Making ofthe Rome Statute. (Roy S.

Lee, edt 1999).

6 The "Key Terms and References" section includes the following six parts: I.

Specific Bodies, Organs and Terms; II. Draft Statutes and Draft Rules of Procedure and
Evidence; III. Reports; IV. Working Groups; V. International Criminal Tribunals; VI.
International Legal Instruments.

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 2003] BOOK REVIEWS 119

and would be familiar with the processes and issues discussed," are the ones
most qualified to present the travaux preparatoires.
The book itself is divided into three parts: Part One, "Elements of
Crimes;" Part Two, "Rules of Procedure and Evidence;" and Part Three,
"NGOs Contribution to the Making of the Elements and Rules." Part One
begins with two background chapters written by Maria Kelt, member of the
Preparatory Commission Working Group on Elements of Crimes, and Herman
von Hebel, coordinator for the Working Group;' it sets the stage for the
detailed discussions that follow. Chapters Three, Four, and Five present the
elements of genocide, crimes against humanity, and war crimes. These
chapters elaborate on the crimes listed in the Rome Statute and "convert the
Statute's general descriptions into an element-by-element list. .. defin[ing] the
objective and subjective prerequisites that together constitute the prohibited
act" (p. xlvii). The authors provide the text of the Rome Statute and the
relevant elements for each specific crime, then discuss the background,
material elements, and mental elements pertinent to interpretation and
application of the statute. Part One concludes with Chapter Six, "Reflection
on the Elements of Crimes," by Darryl Robinson, Canadian member of the
Preparatory Commission, and Herman von Hebel.
Part Two takes a similarly detailed approach to the RulesofProcedure
and Evidence. The Rome Statute itself contains numerous procedural
provisions throughout; however, during the Conference there was not sufficient
time to finalize them into a cohesive package. Therefore, the Preparatory
Commission was charged with drafting the Rules to supplement the procedural
provisions of the Statute. Part Two begins with an introductory chapter,
written by Silvia A. Fernandez de Gurmendi, coordinator of the Working
Group, on the complex negotiations, drafting process and organizational
structure of the Rules. The remaining chapters track the organizational
structure of the Rules by providing section-by-section explanations,
comparisons of various draft versions, and commentary on working group
negotiations. 8

7 "The Making of the Elements of Crimes" and "General Principles of Criminal

Law and Elements of Crimes. "

8 The Rules ofProcedure and Evidence are organized into the following twelve

chapters: 1. General Provisions; 2. Composition and Administration of the Court; 3.

Jurisdiction and Admissibility; 4. Provisions Relating to Various Stages of the
Proceedings; 5. Investigation and Prosecution; 6. Trial Procedure; 7. Penalties; 8. Appeal
and Revision; 9. Offences and Misconduct Against the Court; 10. Compensation to an
Arrested or Convicted Person; 11. International Cooperation and Judicial Assistance; 12.

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 120 INTERNATIONAL JOURNAL OF LEGAL INFORMATION [Vol. 31: 1

Contributions made by the Coalition for the International Criminal

Court (CICC) towards the work of the Preparatory Commission are thoroughly
examined in Part Three. The CICC is a coalition of over 800 non-
governmental organizations committed to the establishment of the International
Criminal Court. Their support has been vital to the ratification process; and
the depth of their continuing cooperation with the Preparatory Commission is
unprecedented. The chapter is written by two authors with first-hand
knowledge of the CICC's role, William Pace, convenor of the CICC; and
Jennifer Schense, legal advisor for the CICCo They present the NGOs
contributions in their roles as expert advisors, advocates, publicists, and
documentarians. Their insights into the substantive issues confronting CICC
members explain the critical role they have played in the evolution of the Court
and the instruments drafted thus far.
The Appendix includes a detailed subject index and the finalized draft
texts of the Elements of Crimes and the Rules of Procedure and Evidence.
Although the book's organizational structure inherently facilitates navigation,
these appendices make it even more conducive to scholarly research.
As the work of the Preparatory Commission continues and the work
of the Court begins, this book will be a prized resource for legislative history
and research into the establishment of the International Criminal Court and its
institutions. Professor Lee and his esteemed group of authors have contributed
a unique and enduring legacy to the international community.

Gail A. Partin
The Dickinson School of Law
The Pennsylvania State University
Carlisle, Pennsylvania

The International Criminal Court and the Transformation of International

Law: Justice for the New Millennium. (International And Comparative
Criminal Law Series). By Leila Nadya SADAT. Ardsley, New York:
Transnational Publishers, 2002. Pp. xviii, 566. ISBN 1-57105-133-3.
U5$125.00.

Those involved in major events of history have had always the feeling
that it was their mission to send an account of those events to the future. They
left memoirs and chronicles that recorded insights and maneuvers behind the

Enforcement.

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