Knut Dörmann is Legal Advisor at the Legal Division of the International Committee of the Red Cross, Geneva. He was a member of the ICRC delegation to the Preparatory Commission for the International Criminal Court. — The article is based in part on previous publications by the same author: “War crimes in the Elements of Crimes”, in Horst Fischer/Claus Kreß/Sascha Rolf Lüder (eds), International and National Prosecution of Crimes under International Law: Current Developments, Berlin Verlag Arno Spitz, Berlin (forthcoming — 2001), and “The First and Second Sessions of the Preparatory Commission for the International Criminal Court”, in Yearbook of International Humanitarian Law 1999, Vol. 2, T.M.C. Asser Press, The Hague, 1999, pp. 283–306. The article reflects the views of the author alone and not necessarily those of the ICRC.