This commentary provides critical insight into the negotiating history that led to the adoption of the international elements of war crimes. It also presents existing jurisprudence relevant to the interpretation of the war crimes in the ICC Statute. It serves as a tool in the implementation of international humanitarian law in cases dealing with war crimes and offers practitioners (judges, prosecutors and lawyers) and academics critical information on the substance of the crimes.

In 1995, the International Committee of the Red Cross, along with a range of renowned experts, embarked upon a major international study into current state practice in humanitarian law in order to identify customary law in this area. This book (and its companion, Volume 2: Practice) is the result of that study. Volume 1 is a comprehensive analysis of the customary rules of international humanitarian law applicable in international and non-international armed conflicts.