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Journal articles on the topic 'International Criminal Court (ICC)'

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Published: 4 June 2021
Last updated: 9 February 2022

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1

Human Rights Law in Africa, Editors. "THE INTERNATIONAL CRIMINAL COURT (ICC)." Human Rights Law in Africa Online 1, no. 1 (2004): 92. http://dx.doi.org/10.1163/221160604x00071.

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2

Sluiter, Göran. "VI International Criminal Court (ICC)." Netherlands Quarterly of Human Rights 23, no. 3 (September 2005): 480–88. http://dx.doi.org/10.1177/016934410502300311.

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Sluiter, Göran. "VI International Criminal Court (ICC)." Netherlands Quarterly of Human Rights 24, no. 1 (March 2006): 149–54. http://dx.doi.org/10.1177/016934410602400110.

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4

Sluiter, Göran, and Sergey Vasiliev. "V International Criminal Court (ICC)." Netherlands Quarterly of Human Rights 24, no. 3 (September 2006): 513–27. http://dx.doi.org/10.1177/016934410602400311.

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Sluiter, Göran, and Sergey Vasiliev. "V International Criminal Court (ICC)." Netherlands Quarterly of Human Rights 25, no. 2 (June 2007): 329–48. http://dx.doi.org/10.1177/016934410702500210.

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6

Sluiter, Göran, and Sergey Vasiliev. "V International Criminal Court (ICC)." Netherlands Quarterly of Human Rights 25, no. 4 (December 2007): 703–22. http://dx.doi.org/10.1177/016934410702500409.

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7

Stoitchkova, Desislava. "V International Criminal Court (ICC)." Netherlands Quarterly of Human Rights 26, no. 4 (December 2008): 617–26. http://dx.doi.org/10.1177/016934410802600409.

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8

Stoitchkova, Desislava. "IV International Criminal Court (ICC)." Netherlands Quarterly of Human Rights 28, no. 3 (September 2010): 472–82. http://dx.doi.org/10.1177/016934411002800308.

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9

Stoitchkova, Desislava. "III International Criminal Court (ICC)." Netherlands Quarterly of Human Rights 29, no. 1 (March 2011): 121–30. http://dx.doi.org/10.1177/016934411102900109.

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10

Mariniello, Triestino. "International Criminal Court." International Human Rights Law Review 3, no. 1 (June 4, 2014): 122–45. http://dx.doi.org/10.1163/22131035-00301003.

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Between 1 January 2013 and 31 December 2013 the Chambers of the International Criminal Court (icc) delivered several notable judgments and decisions. This comment highlights the most important developments in 2013 concerning pre-trial proceedings, trial proceedings, appeal proceedings, complementarity principle and other developments.
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11

Sekartadji, Kartini. "PROSPEK DAN TANTANGAN INTERNATIONAL CRIMINAL COURT." Jurnal Hukum & Pembangunan 34, no. 2 (June 22, 2017): 91. http://dx.doi.org/10.21143/jhp.vol34.no2.1431.

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Pembentukan International Criminal Court (ICC) memberikan sumbangan besar bagi Hukum lnternasional dan Hukum Pidana lnternasional. Tujuan utama pembentukan ICC adalah untuk memutus praktik impunity terhadap pelanggaran HAM berat yang dilakukan, difasilitasi atau didiamkan oleh pemerintah yang dilakukan secara sistematis atau dengan akibat yang meluas. Dalam proses pembentukannya maupun dalam praktik nantinya, banyak unsur politis di dalamnya, yang menyangkut negara "kuat" vs negara "lemah ", mengingat banyak negara yang secara politis berpengaruh tidak mengikatkan diri pada ICC. Di samping itu adanya peran penting Dewan Keamanan PBB, yang di dalamnya terdapat kepentingan the Big Five terutama Amerika, Cina dan Perancis yang nyata-nyata tidak menginginkan ICC berdiri sendiri di luar PBB, sebagai salah satu triggered mechanism berlakunya ICC semakin mempertajam unsur politispada pelaksanaan ICC nantinya.
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12

Nerlich, Volker. "Audiences of the International Criminal Court." International Criminal Law Review 19, no. 6 (November 28, 2019): 1046–56. http://dx.doi.org/10.1163/15718123-01906008.

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The International Criminal Court (‘icc’), just as any other court of law, has several audiences, which include the parties and participants to the proceedings, the legal community and the general public. Based on typologies developed for other courts, this paper seeks to identify categories of audiences of the icc. The identification of such categories may be helpful in understanding reactions to the Court’s work. It may also be a tool in identifying priority audiences for the Court and in managing expectations. Furthermore, identifying audiences potentially may help to explain why certain decisions are taken.
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13

de Brouwer, Anne-Marie, and Eefje de Volder. "International Criminal Court (ICC): Dominic Ongwen." Journal of Human Trafficking, Enslavement and Conflict-Related Sexual Violence 2, no. 1 (July 8, 2021): 49–57. http://dx.doi.org/10.7590/266644721x16239186251251.

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On 4 February 2021, the ICC's Trial Chamber IX found Lord Resistance Army's Commander Dominic Ongwen guilty for a total of 61 crimes comprising crimes against humanity and war crimes, including many conflict-related sexual and gender-based violence crimes, committed in Northern Uganda between 1 July 2002 and 31 December 2005. On 6 May 2021, Dominic Ongwen was sentenced to 25 years imprisonment for these crimes.<br/> In this Q&A we discuss this case with three renowned experts, namely Victoria Nyanjura (Survivor, Founder Women in Action for Women Uganda), Joseph Manoba (lawyer and Legal Representative for victims in the Ongwen case) and Lorraine Smith van Lin (independent victim's rights expert). By answering 11 questions, they provide insight in the complexity of this case, including how it is perceived by LRA victims and survivors in Uganda.
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14

Goy, Barbara. "Individual Criminal Responsibility before the International Criminal Court." International Criminal Law Review 12, no. 1 (2012): 1–70. http://dx.doi.org/10.1163/157181212x616522.

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For more than 15 years the two ad hoc Tribunals, the International Criminal Tribunal for the former Yugoslavia (ICTY) and the International Criminal Tribunal for Rwanda (ICTR), have interpreted the requirements of different forms of individual criminal responsibility. It is thus helpful to look at whether and to what extent the jurisprudence of the ICTY/ICTR may provide guidance to the International Criminal Court (ICC). To this end, this article compares the requirements of individual criminal responsibility at the ICTY/ICTR and the ICC. The article concludes that, applied with caution, the jurisprudence of the ICTY/ICTR – as an expression of international law – can assist in interpreting the modes of liability under the ICC Statute. ICTY/ICTR case law seems to be most helpful with regard to accessorial forms of liability, in particular their objective elements. Moreover, it may assist in interpreting the subjective requirements set out in Article 30 ICC Statute.
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15

O’Donohue, Jonathan. "Financing the International Criminal Court." International Criminal Law Review 13, no. 1 (2013): 269–96. http://dx.doi.org/10.1163/15718123-01301009.

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In its first ten years, the International Criminal Court (ICC) cost approximately EUR 750 million. For this investment, it has conducted investigations in seven situations and commenced proceedings against 29 persons. However, it has only completed one trial and has yet to achieve significant impact in, arguably its most important function, promoting complementarity. With another eight situations under preliminary examination, its workload and budget requests are expected to increase. Some states are questioning its value for money and looking to restrict its expenditure. This paper examines the realities and challenges of financing the ICC. Firstly, it identifies emerging negative attitudes towards the cost of international criminal justice. Secondly, it describes ICC budgetary practice between 2002 and 2012. Thirdly, it considers the principle factors that should drive the ICC’s workload and therefore its budget. Finally, it examines proposals to cut costs and their potential impact on the ICC’s work.
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16

Simmons, Beth A., and Allison Danner. "Credible Commitments and the International Criminal Court." International Organization 64, no. 2 (April 2010): 225–56. http://dx.doi.org/10.1017/s0020818310000044.

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AbstractThe creation of an International Criminal Court (ICC) to prosecute war crimes poses a real puzzle. Why was it created, and more importantly, why do states agree to join this institution? The ICC represents a serious intrusion into a traditional arena of state sovereignty: the right to administer justice to one's one nationals. Yet more than one hundred states have joined. Social scientists are hardly of one mind about this institution, arguing that it is (alternately) dangerous or irrelevant to achieving its main purposes: justice, peace, and stability. By contrast, we theorize that the ICC is a mechanism to assist states in self-binding, and draw on credible commitments theory to understand who commits to the ICC, and the early consequences of such commitments. This approach explains a counterintuitive finding: the states that are both the least and the most vulnerable to the possibility of an ICC case affecting their citizens have committed most readily to the ICC, while potentially vulnerable states with credible alternative means to hold leaders accountable do not. Similarly, ratification of the ICC is associated with tentative steps toward violence reduction and peace in those countries precisely least likely to be able to commit credibly to foreswear atrocities. These findings support the potential usefulness of the ICC as a mechanism for some governments to commit to ratchet down violence and get on the road to peaceful negotiations.
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17

Ngane, Sylvia Ntube. "Witnesses before the International Criminal Court." Law & Practice of International Courts and Tribunals 8, no. 3 (2009): 431–57. http://dx.doi.org/10.1163/156918509x12537882648381.

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AbstractIt is an established rule of international law that all witnesses shall testify at the seat of the court. The witness scheme of the International Criminal Court (ICC) is a complex one which provides for direct and indirect judicial authority over witnesses. This article grabbles with the complexities of the ICC procedural rules with regard to witnesses, concentrating on three components in the ICC witness scheme: testimony, cooperation and protection. Part I of this article examines the general rule of witness testimony before the Court and different alternatives for the giving of testimonial evidence when a witness cannot be present before the Court. The ICC's powers to compel witnesses are extremely limited and it is forced to rely on traditional legal assistance such as depositions. Part II discusses the exercise of indirect judicial authority by the Court through the assistance of States in relation to witnesses. It analyses provisions on State cooperation with witnesses, national implementing legislation with regard to witnesses and assesses the effectiveness of this legislation. The subsequent practice of State Parties as reflected by their implementing legislation on witnesses proves that a consistent practice does not exist. This section also examines the cooperation between the ICC and international organisations as regards witnesses. Part III examines the ICC Witness Protection Scheme; it looks at the ways in which witnesses are protected and it cites the practice of other tribunals. It then looks at the ICC's Victims and Witness Unit vis-à-vis the policies and mechanisms in place.
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18

Abass, Ademola. "The International Criminal Court and Universal Jurisdiction." International Criminal Law Review 6, no. 3 (2006): 349–85. http://dx.doi.org/10.1163/157181206778553879.

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AbstractThis article examines whether the International Criminal Court (ICC) can exercise universal jurisdiction. In particular, the author responds to the argument that the ICC can exercise universal jurisdiction on the basis of delegated criminal jurisdiction and the aut dedere aut judicare principle, and challenges the view that the trial of nationals of non-parties by the ICC neither creates obligations for such states nor contravenes the Monetary Gold principle. The author argues that although some Rome Statute crimes have universal character, this does not automatically entitle the ICC to exercise jurisdiction over non-party nationals outside such limited universal jurisdiction as may be conferred on the Court through the Security Council referral.
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Nimigan, Sarah P. "Africa and the International Criminal Court: (Re)constructing the Narrative." International Criminal Law Review 21, no. 2 (April 7, 2021): 203–41. http://dx.doi.org/10.1163/15718123-bja10050.

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Abstract African support for the International Criminal Court (icc) from its earliest stages of institutional development is often referenced in the international criminal justice literature with limited explanation. The aim of this article is to establish a holistic account of African support for an international criminal court in the pre-Rome period, during the Rome Diplomatic Conference, and after the establishment of the icc. This analysis uses rational choice and constructivist international relations (ir) theory to help explain levels of African commitment to the Rome Statute using Kenya and Ivory Coast as case studies. While the icc has been criticized on neocolonial bases, it is important to reconstruct the narrative to more accurately reflect African agency over the international criminal justice project, and the icc in particular. African resistance to the institutional behaviour of the icc is situated in its broader political context(s): domestically and internationally, using rational and normative factors to explain various levels of African commitment to the Rome Statute.
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20

Jalloh, Charles Chernor. "Regionalizing International Criminal Law?" International Criminal Law Review 9, no. 3 (2009): 445–99. http://dx.doi.org/10.1163/157181209x457956.

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AbstractThis article examines the initially cooperative but increasingly tense relationship between the International Criminal Court (ICC) and Africa. It assesses the various legal and political reasons for the mounting criticisms of the ICC by African governments, especially within the African Union (AU), following the indictment of incumbent Sudanese President Omar Hassan Al Bashir. The author situates the ICC within broader African efforts to establish more peaceful societies through the continent-wide AU. He submits that the ICC, by prosecuting architects of serious international crimes in Africa's numerous conflicts, could contribute significantly to the continent's fledgling peace and security architecture which aims to prevent, manage and resolve conflicts and to anticipate and avert crimes against humanity. On the other hand, the author suggests that the ICC also has much to gain from Africa, especially in these early years when it is seeking to become a functional court of law with global legitimacy. By undertaking independent, fair and credible prosecutions without alienating States Parties, the world criminal court is more likely to fulfill its mandate and to win over powerful hold outs, such as the United States, China, and India. This will help it co-opt the support necessary for its universal reach and future success. However, he cautions that given Africa's sensitive historical experience with foreign interventions, including the slave trade and colonialism, the international criminal justice regime anchored on the ICC may be undermined, or perhaps even falter, if it is perceived as having a biased, politicized or insensitive application to a single region of the world.
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21

Swaak-Goldman, Olivia, and Maria Nybondas. "International criminal courts round-up." Yearbook of International Humanitarian Law 6 (December 2003): 292–318. http://dx.doi.org/10.1017/s1389135900001355.

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For the International Criminal Court (ICC) 2003 was a crucial year — its first as a functioning institution. With the coming into force of its Statute in July 2002, 2003 was spent establishing the infrastructure and procedures according to which the ICC will function. The ICC also made progress in establishing its four organs: the Chambers, the Presidency, the Office of the Prosecutor and the Registry.
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22

Perez-Leon-Acevedo, Juan-Pablo. "Why Retain Membership of the International Criminal Court?" International Organizations Law Review 15, no. 2 (December 11, 2018): 364–87. http://dx.doi.org/10.1163/15723747-01502006.

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Among international criminal tribunals (‘icts’), the International Criminal Court (‘icc’) for the first time introduced victim participation and reparations for victims. Against potential African withdrawals from the icc Statute, this article seeks to demonstrate the need to retain membership of the icc under victim-oriented considerations. Despite its deficits and limitations, the icc is arguably an important judicial forum for victims of mass atrocities committed in Africa for three arguments. First, human rights are invoked as a standard to examine the legitimacy of the decisions of the icc, African Union (‘au’), and African states. Second, international and African regional human rights law on victim rights binds African states. Third, since au regional criminal justice initiatives present important deficits and limitations in terms of victim rights, they are unfit to replace the icc.
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23

Guder, Lamessa Gudeta. "The African Allegations towards Ignorance of International Criminal Court: Does International Criminal Court unfairly focusing on Africa?" International Journal of Social Science and Economics 1, no. 1 (March 18, 2021): p37. http://dx.doi.org/10.22158/ijsse.v1n1p37.

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Though, African continent has the highest number of state parties to the Rome Statute, recently several criticisms and allegations have been leveled against ICC interventions in Africa. AU and African higher official apparently call for non-cooperation of ICC. They believed that, ICC is unfairly targeting Africa and Africans, and it is a neo-colonial plaything and that Africa has been a place to experiment with their ideas. Such allegation begs question that is really the ICC unfairly focusing Africa and Africans? Therefore, it needs evaluating these accusations by considering the whole process and function of ICC. Accordingly, when we evaluate the allegations, it seems too far from trues. Because, on one hand, many of allegation and criticism itself is not representative of African peoples rather it is the allegation of some African political leaders of authoritarian nature of power those who fears the prosecution for the commission of mass crime and atrocities in their respective countries. On other hand the composition of the court by itself is Africans. It is a global court with historically strong African support. It would not be the court it is today without the valuable input, involvement and support of the majority of African states. The court seeks justice for victims of grave crimes, including African victims; it needs the ongoing support of African government, civil society and public in order to achieve justice. It was intended to be a credible, independent judicial body, able to adjudicate the most serious of international crimes fairly and impartially, where National judicial systems have failed and fight against impunity all over the world.
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24

Mutua, Makau. "The International Criminal Court: Promise and Politics." Proceedings of the ASIL Annual Meeting 109 (2015): 269–72. http://dx.doi.org/10.5305/procannmeetasil.109.2015.0269.

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The International Criminal Court (ICC or Court) is an institution born of necessity after a long and arduous process of many false starts. The struggle to establish a permanent international criminal tribunal stretches back to Nuremberg. The dream, which was especially poignant for the international criminal law community, for a permanent international criminal tribunal was realized with the adoption in 1998 of the Rome Statute of the International Criminal Court. The treaty entered into force in 2002. Those were heady days for advocates and scholars concerned with curtailing impunity. No one was more ecstatic about the realization of the ICC than civil society actors across the globe, and particularly in Africa, where impunity has been an endemic problem. Victims who had never received justice at home saw an opportunity for vindication abroad. This optimism in the ICC was partially driven by the successes, however mixed, of two prior ad hoc international criminal tribunals—the International Criminal Tribunal for Rwanda and the International Criminal Tribunal for the Former Yugoslavia.
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25

Rublev, A. G. "INTERNATIONAL CRIMINAL COURT: MATTERS OF SUBJECT JURISDICTION." Scientific Notes of V. I. Vernadsky Crimean Federal University. Juridical science 7 (73), no. 1 (2021): 222–36. http://dx.doi.org/10.37279/2413-1733-2021-7-1-222-236.

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The International Criminal Court is the result of a long historical process, during which society sought to punish those responsible for serious crimes against humanity, based on the practice of the Nuremberg Court and other special courts. It is proposed to envisage amending the statute of the ICC in order to clarify and expand its jurisdiction.
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26

Economides, Spyros. "The International Criminal Court: Reforming the Politics of International Justice." Government and Opposition 38, no. 1 (2003): 29–51. http://dx.doi.org/10.1111/1477-7053.00003.

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AbstractThe International Criminal Court (ICC) came into effect on 1 July 2002. This article gives an account of the historical background to the ICC and an overview of the Court's Statute, remit and powers. It is argued that the ICC is a highly politicized legal institution which will only be effective through inter-state cooperation. Despite its lengthy historical antecedents and legal precedents, prudence suggests that — due to the nature of international politics — the establishment of the ICC should be viewed as the beginning of a cumulative process of reforming the politics of international justice rather than the end of a process of transformation in international law.
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Jo, Hyeran, and Beth A. Simmons. "Can the International Criminal Court Deter Atrocity?" International Organization 70, no. 3 (2016): 443–75. http://dx.doi.org/10.1017/s0020818316000114.

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AbstractWhether and how violence can be controlled to spare innocent lives is a central issue in international relations. The most ambitious effort to date has been the International Criminal Court (ICC), designed to enhance security and safety by preventing egregious human rights abuses and deterring international crimes. We offer the first systematic assessment of the ICC's deterrent effects for both state and nonstate actors. Although no institution can deter all actors, the ICC can deter some governments and those rebel groups that seek legitimacy. We find support for this conditional impact of the ICC cross-nationally. Our work has implications for the study of international relations and institutions, and supports the violence-reducing role of pursuing justice in international affairs.
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28

Mariniello, Triestino. "International Criminal Court: Selected Developments in 2012." International Human Rights Law Review 2, no. 2 (2013): 344–66. http://dx.doi.org/10.1163/22131035-00202010.

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Between 1 January 2012 and 31 December 2012 the Chambers of the International Criminal Court (ICC) delivered several notable judgments and decisions. This comment highlights the most important developments with regard to substantive and procedural law. In so doing, it does not pretend to be a comprehensive overview or exhaustive compilation of all judgments and decisions handed down by the ICC.1
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Magliveras, Konstantinos D. "Substituting International Criminal Justice for an African Criminal Justice?" International Organizations Law Review 14, no. 2 (December 5, 2017): 291–320. http://dx.doi.org/10.1163/15723747-01402003.

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This article examines the reasons and the grounds behind the antiparathesis between the African Union and several of its Member States, on the one hand, and international criminal justice and the International Criminal Court (‘icc’), on the other hand. It also examines the consequences of and responses to this antiparathesis, including the creation of an International Criminal Law Section to the African Court of Justice and Human Rights and questions whether it offers any added value. The article concludes with suggesting the setting up of icc regional/circuit chambers, each dealing with a specific continent/region, as a means to restructure the icc, to make it more relevant to its users, namely the contracting parties to the Rome Statute, and to allay fears of politically motivated prosecutions.
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Ubah, Charles B. A., and Osy E. Nwebo. "International Criminal Court." International Journal for Innovation Education and Research 3, no. 9 (September 30, 2015): 41–51. http://dx.doi.org/10.31686/ijier.vol3.iss9.431.

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The principle of domestic jurisdiction in international law makes national governments responsible for protecting their citizens, investigating alleged abuses of human rights in their countries and bringing the perpetrators to justice. They governments may also extradite those accused of abuse of human rights to any other states prepared to give them a fair trial. Problem arises however, when governments are unable or unwilling to perform this duty or are themselves perpetrators of these crimes. Thus, millions of people have fallen victims of genocide, crimes against humanity and serious violations of humanitarian laws. But only very few of these perpetrators have been brought to justice in national courts as many governments claim sanctuary under the principle of domestic jurisdiction. The need therefore arises for the international community to act in order to protect helpless or defenseless citizens from being victims of crimes against humanity and human rights abuses, by bringing the perpetrators of these crimes to justice. The thrust of this article therefore, is that the creation of the International Criminal Court (ICC) fills this void by fulfilling a central and pivotal goal in international jurisprudence. This article, therefore, provides insights and lessons into the history and prospects of the International Criminal Court. These are insights and lessons that are too important and too costly to ignore in the 21st century understanding of international criminal justice system.
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31

Ferstman, Carla. "The Reparation Regime of the International Criminal Court: Practical Considerations." Leiden Journal of International Law 15, no. 3 (September 2002): 667–86. http://dx.doi.org/10.1017/s0922156502000304.

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A key achievement of the International Criminal Court is its acknowledgment of the rights of victims to participate in proceedings and to seek reparation before the Court. This article analyses some of the specific challenges relating to the ICC reparations regime, stemming from the interplay between the ICC and national courts on such issues as tracing assets and implementing protective measures, and in enforcing the ICC's reparations orders. A review of several examples of legislation adopted by states parties on cooperation with the ICC is undertaken with a view to examining its potential impact on these issues.
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32

Cryer, Robert, and Paul David Mora. "I. THE CORONERS AND JUSTICE ACT 2009 AND INTERNATIONAL CRIMINAL LAW: BACKING INTO THE FUTURE?" International and Comparative Law Quarterly 59, no. 3 (July 2010): 803–13. http://dx.doi.org/10.1017/s002058931000031x.

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As a precursor to the United Kingdom's ratification of the Rome Statute of the International Criminal Court (ICC) in 2001, the respective Parliaments in the UK adopted two Acts to implement the obligations that treaty imposed on the UK, and to implement the international crimes, as defined in that treaty, into the law of the UK. When the International Criminal Court Act (ICC Act) was being debated in 2001, Baroness Scotland, speaking for the Government, explained that part of the raison d'etre of the Act was that the UK ought not to be seen as a safe haven for international criminals. However, in line with article 11 of the Rome Statute, the jurisdiction of UK courts over such offences, insofar as they were not already covered by the Geneva Conventions Act 1957 and the Genocide Act 1969 (the latter of which was repealed by the ICC Act) only applied prospectively.
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33

Birkett, Daley J. "Managing Frozen Assets at the International Criminal Court." Journal of International Criminal Justice 18, no. 3 (July 1, 2020): 765–90. http://dx.doi.org/10.1093/jicj/mqaa024.

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Abstract On 8 June 2018, more than 10 years after his arrest, the Appeals Chamber of the International Criminal Court (ICC) reversed Jean-Pierre Bemba Gombo’s conviction by the Trial Chamber for crimes against humanity and war crimes, acquitting him of all charges. Soon after the start of his time in detention in The Hague, assets belonging to Bemba were frozen by states across a number of jurisdictions at the request of the ICC. Many of these assets remain frozen, more than 18 months after his acquittal. This article examines the consequences of prolonged asset freezes by the ICC through the lens of the Bemba case, demonstrating the existence of gaps in the legal framework applicable to the management of frozen assets under the ICC Statute system and suggesting possible responses thereto at the domestic and international levels.
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34

Dancy, Geoff. "Searching for Deterrence at the International Criminal Court." International Criminal Law Review 17, no. 4 (June 29, 2017): 625–55. http://dx.doi.org/10.1163/15718123-01704007.

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Does the International Criminal Court (icc) deter acts of violence in the world? To answer this question, this article first distinguishes between three phenomena that are often confusingly grouped together under the heading of ‘deterrence’. These include the termination of ongoing civil wars (compellence), the prevention of atrocity crime recidivism (specific deterrence), and the overall prevention of war and atrocity crimes (general deterrence). The article then assesses whether state commitments to the Rome Statute and icc intervention in specific contexts can promote these three aims. It presents evidence that the icc can indeed contribute to violence prevention, though not because of its ability to sanction abusive actors. Instead, the Court’s role as a ‘stigmatizer’ in the international community has likely contributed to declines in certain types of violence over time. As such, the article concludes that the icc is more important for what it is than what it does.
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35

Appel, Benjamin J. "In the Shadow of the International Criminal Court." Journal of Conflict Resolution 62, no. 1 (April 25, 2016): 3–28. http://dx.doi.org/10.1177/0022002716639101.

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The International Criminal Court (ICC) is responsible for prosecuting crimes against humanity, war crimes, and genocide. Despite the potential for the ICC to deter human rights abuses, scholars and policy makers are divided on the effectiveness of it. This debate, however, is plagued by some important theoretical and empirical limitations. I address the problems in the literature and evaluate whether the ICC can prevent human rights abuses. I argue that the ICC can deter governments from committing human rights violations by imposing a variety of costs on them throughout their investigations that decrease their expected payoffs for engaging in human rights abuses. Across a variety of statistical estimators that account for standard threats to inference and several anecdotes, I find strong support for my theoretical expectations; leaders from states that have ratified the Rome Statute commit lower levels of human rights abuses than nonratifier leaders.
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36

Meernik, James. "Justice, Power and Peace: Conflicting Interests and the Apprehension of ICC Suspects." International Criminal Law Review 13, no. 1 (2013): 169–90. http://dx.doi.org/10.1163/15718123-01301005.

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The International Criminal Court (ICC) has the legal power to issue arrest warrants, but not the political power to arrest. Rather, it must rely on other national and international actors to enforce these requests. All the actors—the ICC, the suspected war criminals, and the key state actors—in these high stakes dramas involving the apprehension of suspected war criminals have distinct interests that guide their actions. Typically, as I argue, these contending interests lead to political disputes. I will argue that the principal interest of the International Criminal Court is justice; the principal interest of the actors indicted by the ICC is power; and the principal interests of international actors are peace and justice. Further, I contend that the ability of the ICC to gain custody of suspects will be determined by its ability to induce the international community to privilege justice over peace.
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37

Le Floch, Guillaume, Marie Lemey, and Lucie Paiola. "Procedural Developments at the International Criminal Court (2018)." Law & Practice of International Courts and Tribunals 18, no. 3 (February 7, 2020): 437–77. http://dx.doi.org/10.1163/15718034-12341412.

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Abstract The current column covers selected procedural developments at the International Criminal Court (ICC) in 2018. During the reporting period, the Court continued to face a number of challenges. Nevertheless, this did not prevent the ICC from further developing its jurisprudence, and, indeed, as occurred in other recent years, it delivered numerous decisions.
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38

Keppler, Elise. "Managing Setbacks for the International Criminal Court in Africa." Journal of African Law 56, no. 1 (December 8, 2011): 1–14. http://dx.doi.org/10.1017/s0021855311000209.

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AbstractThe International Criminal Court (ICC) suffered two notable setbacks in Africa in 2010: the African Union's (AU) renewed call for members not to cooperate in executing ICC arrest warrants for Sudanese President al-Bashir; and the president's first visits to the territory of ICC states parties since warrants were issued in 2009 and 2010. Factors surrounding these developments suggest they do not represent the predominant view or approach to the court in Africa, where there is considerable backing for the ICC among African government officials and civil society. African ICC states parties and civil society should enhance initiatives to demonstrate the support that exists for the court, and to ensure that attacks on it are understood as limited efforts that emanate more from criticisms of the UN Security Council than of the court. Developments in 2011 reinforce these assessments.
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39

Garkawe, Sam. "Victims and the International Criminal Court: Three major issues." International Criminal Law Review 3, no. 4 (2003): 345–67. http://dx.doi.org/10.1163/157181203322584350.

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AbstractThe Statute of the permanent International Criminal Court (the "ICC") agreed to in Rome in 1998 contains many provisions that deal with the specific concerns and rights of victims and survivors of the international crimes that the ICC will have jurisdiction over. It consolidates the work of the two ad hoc international criminal Tribunals (the former Yugoslavia and Rwanda) in this area, but also further enhances the role and rights of victims in a number of innovative ways. These three international criminal Tribunals thus collectively represent an important step forward in the recognition of the suffering and the position of victims and survivors of international crimes. This article will examine three main issues in relation to victims and the ICC. First, after identifying the protective measures for victims allowed at the discretion of the international criminal Tribunal for the former Yugoslavia, it will focus on the most controversial measure (which the ICC can also order) - the non-disclosure to the defence of the identity of witnesses. Does this protective measure violate a defendant's right to a fair trial? The Statute of the ICC also allows, for the first time in international criminal justice, for the right of victims to obtain their own legal representation, subject to the discretion of the ICC. The second issue is how is this going to work in practice in light of the fact that international crimes normally involve hundreds, if not thousands or even tens of thousands, of victims? And finally, while the ICC Statute provides for the possibility of reparations to victims, where will the money come from, and thus what are the chances of victims actually being able to receive compensation?
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40

STAPPERT, NORA. "A New Influence of Legal Scholars? The Use of Academic Writings at International Criminal Courts and Tribunals." Leiden Journal of International Law 31, no. 4 (September 19, 2018): 963–80. http://dx.doi.org/10.1017/s0922156518000377.

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AbstractWhat role have international legal scholars played in the development of international criminal law? Building on recent studies of the citation practices of international courts, the article provides an empirical assessment of the use and functions of citations to scholarly writings in the judgments of international criminal courts and tribunals. Using a mixed-methods approach, the article combines: a) a quantitative analysis of judgments interpreting the law of war crimes across four international and hybrid courts; with b) qualitative interviews with judges and legal officers at the International Criminal Court (ICC), the ad hoc Tribunals, and the Special Court for Sierra Leone (SCSL). The article argues that scholarly writings have been strikingly visible in the judgments of international criminal courts and tribunals, and especially at the ICC, which entails significant implications for the functions of academic writings and the role of international legal scholars.
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41

Manirakiza, Pacifique. "L'Afrique et le système de justice pénale internationale." African Journal of Legal Studies 3, no. 1 (2009): 21–52. http://dx.doi.org/10.1163/221097312x13397499736868.

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AbstractAfrica has been ravaged by armed conflicts and/or oppressive regimes for decades. During those conflicts or oppressive regimes, heinous crimes such as genocide, war crimes and crimes against humanity have been committed and made millions of victims. Among these, only a handful number saw some justice. This was possible essentially because the international community took a vigorous stance against the impunity of war criminals and genocidaires by creating international judicial mechanisms, such as the International Criminal Court (ICC), to deal with it. Also, some individual African States have prosecuted international crimes within their municipal courts as well as some western States based on the universal jurisdiction principle. This article analyses the African contribution to the building of the international criminal justice system. It also addresses the African objections against the ICC intervention in Africa and the use of the universal jurisdiction criticized as a form of imperialism and neo-colonialism disguised in a judicial form. It concludes by exploring the feasibility of an African Criminal Court.
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42

Le Floch, Guillaume, Marie Lemey, and Lucie Paiola. "Procedural Developments at the International Criminal Court (2019)." Law & Practice of International Courts and Tribunals 19, no. 3 (November 27, 2020): 515–76. http://dx.doi.org/10.1163/15718034-12341434.

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Abstract The current column covers selected procedural developments at the International Criminal Court (ICC) in 2019. During the reporting period, the Court faced serious challenges and controversies. To some extent, its credibility as a judicial institution has been undermined by certain decisions. Nevertheless, as in recent years, the ICC has delivered numerous decisions, taking such opportunities to clarify specific aspects of proceedings before the Court.
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43

ROPER, STEVEN D., and LILIAN A. BARRIA. "State Co-operation and International Criminal Court Bargaining Influence in the Arrest and the Surrender of Suspects." Leiden Journal of International Law 21, no. 2 (June 2008): 457–76. http://dx.doi.org/10.1017/s0922156508005037.

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AbstractWhile much has been written about the formation of the International Criminal Court (ICC), less attention has been focused on the enforcement capability of the Court. As demonstrated by the history of the ad hoc international tribunals, one of the most pressing problems for international criminal courts is the arrest and the surrender of suspects, which often requires substantial bargaining between the court and the state in which the suspect resides. We develop a classification of the issues which have the greatest impact on the bargaining influence of the ICC to secure the arrest of indictees, and apply this classification scheme to a study of the four ongoing situations at the ICC in order to explore the bargaining environment in which the ICC operates. While many of the cases have features which should assist the ICC in bargaining with the state, the situation in Sudan represents the greatest challenge for the Court.
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44

Le Floch, Guillaume, Marie Lemey, and Lucie Paiola. "Procedural Developments at the International Criminal Court (2017)." Law & Practice of International Courts and Tribunals 17, no. 3 (December 10, 2018): 555–604. http://dx.doi.org/10.1163/15718034-12341392.

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AbstractThe current column covers selected procedural developments at the International Criminal Court (“ICC”) in 2017. During the reporting period, the Court encountered a certain amount of turmoil. Notably, it was highly criticized by certain States. Nevertheless, this has not prevented the ICC from further developing its jurisprudence, and, indeed, as in recent years, the Court delivered numerous decisions. Concerning the proceedings before the Court, some of them confirmed a long-standing body of case law, whilst others provided useful clarifications on specific topics.
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45

Grasis, Jānis. "ESTABLISHMENT AND ACTIVITIES OF THE INTERNATIONAL CRIMINAL COURT: CHALLENGE FOR XXI CENTURY." Administrative and Criminal Justice 1, no. 70 (March 31, 2015): 20. http://dx.doi.org/10.17770/acj.v1i70.4326.

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Without any doubts, we have to recognize that the establishment of International Criminal Court (ICC) is positive step in international humanitarian and criminal law, in order to call to account persons, who has committed the most serious war crimes, crimes against humanity or genocide. The authority of the ICC internationally reduces the fact that United States of America and Russian Federation have not become member states of the ICC. The brief analysis of the court practice of the ICC proves that ICC acts according to the rule of law, taking into account its independent status. In order to improve legal proceedings of the ICC, we have to find innovative mechanisms in cooperation with bodies and institutions of the United Nations Organization, to push the Member states of the United Nations Organization to actively cooperate with ICC; for example – to execute orders of the arrest of the accused persons. The special treatment must be in cases, when Heads of the State has been accused.
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46

Pérez-León-Acevedo, Juan-Pablo. "Assessing Victim Participation during Sentencing at the International Criminal Court." Journal of International Criminal Justice 17, no. 2 (May 1, 2019): 431–51. http://dx.doi.org/10.1093/jicj/mqz021.

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Abstract Although the academic literature has examined victim participation at the International Criminal Court (ICC), victim participation during the sentencing stage has remained a virtually unexplored topic. Thus, this article assesses the law and, in particular, the practice of the ICC on victim participation during sentencing in light of domestic/international criminal law and human rights law standards. Victim participation during the ICC sentencing stage, i.e. mainly written observations and sentencing hearing participation, is overall consistent with international and domestic criminal law standards, particularly with certain common law jurisdictions and with the Special Tribunal for Lebanon where the trial and sentencing stages are also divided. Additionally, victim participation during the ICC sentencing stage may arguably be justified under international human rights law, especially human rights case law. Importantly, the ICC has introduced some limitations to victim participation to safeguard the convicted person’s rights and procedural efficiency.
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47

de Wet, Erika. "Introductory Remarks by Erika de Wet." Proceedings of the ASIL Annual Meeting 111 (2017): 107–8. http://dx.doi.org/10.1017/amp.2017.85.

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In June 2014, the African Union adopted a treaty (referred to as the Malabo Protocol) that would establish the first regional court with jurisdiction over human rights, general matters, and criminal matters. Its substantive jurisdiction included international and transnational crimes, as well as corporate criminal liability. This development sparked a debate as to whether other regions (notably Latin America) should also adopt a regional criminal court to prosecute transnational organized crime in Latin America. Moreover, the adoption of the Malabo Protocol raised questions concerning the relationship between regional criminal courts, national (domestic) courts, and the International Criminal Court (ICC) in the enforcement of international criminal law.
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48

Abtahi, Hirad, and Shehzad Charania. "Expediting the ICC Criminal Process: Striking the Right Balance between the ICC and States Parties." International Criminal Law Review 18, no. 3 (May 21, 2018): 383–425. http://dx.doi.org/10.1163/15718123-01803003.

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When establishing the ICC, the sole permanent international criminal court, States ensured that they would play a legislative role larger and more direct than the ad hoc and hybrid courts and tribunals. States Parties have, however, acknowledged that, given the time they spend interpreting and applying the ICC legal framework, the judges are uniquely placed to identify and propose measures designed to expedite the criminal process. Accordingly, the ICC has followed a dual track. First, it has pursued an amendment track, which requires States Parties’ direct approval of ICC proposed amendments to the Rules of Procedure and Evidence. Second, it has implemented practices changes that do not require State involvement. This interactive process between the Court and States Parties reflects their common goal to expedite the criminal proceedings. The future of this process will rely on striking the right equilibrium between the respective roles of States Parties and the Court.
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49

Ralph, Jason. "International society, the International Criminal Court and American foreign policy." Review of International Studies 31, no. 1 (January 2005): 27–44. http://dx.doi.org/10.1017/s0260210505006285.

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The discipline of International Relations has been slow to assess the ICC and American opposition to it. This article uses the English School approach to assess the impact of the ICC on international society. The Rome Statute's definition of core crimes and its provision of an independent prosecutor help to legally constitute world society which transcends the society of states. The US opposes this development by arguing that international criminal justice should remain within the framework of international society. This is because the society of states accommodates a strong exceptionalist discourse and furthers America's particular interests in a way world society does not.
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50

Warbrick, Colin, Dominic McGoldrick, and Robert Cryer. "II. Implementation of the Criminal Court Statute in England and Wales." International and Comparative Law Quarterly 51, no. 3 (July 2002): 733–43. http://dx.doi.org/10.1017/s0020589300066331.

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Although a few States ratified the Rome Statute for the International Criminal Court1 soon after it was promulgated, the UK decided to prepare and pass implementing legislation prior to submitting its ratification. In England and Wales (and Northern Ireland),2 the ICC Statute is implemented by the International Criminal Court Act 2001,3 which came fully into force on 1 September 2001.4 The UK ratified the ICC Statute on 4 October 2001, fulfilling its aim of being amongst the first sixty States to do so.5 The Act has two major purposes, to ensure that the UK is able to co-operate fully with the International Criminal Court (ICC), and to enact into domestic law the substantive offences the ICC may assert jurisdiction over when it comes into being.6 It is the purpose of this note to introduce the Act and point to some interesting issues that may arise in the future.
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