Some parts of this publication are open access, available under the terms of a CC BY-NC-ND 4.0 International licence. Chapters 2, 4, 10, 47 and 49 are offered as a free PDF download from OUP and selected open access locations. The International Criminal Court is a controversial and important body within international law; one that is significantly growing in importance, particularly as other international criminal tribunals close down. After a decade of Court practice, this book takes stock of the activities of the International Criminal Court, identifying the key issues in need of re-thinking or potential reform. It provides a systematic and in-depth thematic account of the law and practice of the Court, including its changes context, the challenges it faces, and its overall contribution to international criminal law. The book is written by over forty leading practitioners and scholars from both inside and outside the Court. They provide an unparallelled insight into the Court as an institution, its jurisprudence, the impact of its activities, and its future development. The work addresses the ways in which the practice of the International Criminal Court has emerged, and identifies ways in which this practice could be refined or improved in future cases. The book is organised along six key themes: (i) the context of International Criminal Court investigations and prosecutions; (ii) the relationship of the Court to domestic jurisdictions; (iii) prosecutorial policy and practice; (iv) the applicable law; (v) fairness and expeditiousness of proceedings; and (vi) its impact and lessons learned. It shows the ways in which the Court has offered fresh perspectives on the theorization and conception of crimes, charges and individual criminal responsibility. It examines the procedural framework of the Court, including the functioning of different stages of proceedings. The Court's decisions have significant repercussions: on domestic law, criminal theory, and the law of other international courts and tribunals. In this context, the book assesses the extent to which specific approaches and assumptions, both positive and negative, regarding the potential impact of the Court are in need of re-thinking. This book will be essential reading for practitioners, scholars, and students of international criminal law.

Autorentext

Carsten Stahn is Professor of International Criminal Law and Global Justice at Leiden University and Program Director of the Grotius Centre. He is the author of The Law and Practice of International Territorial Administration: Versailles to Iraq and Beyond. He has published articles on international criminal law and transitional justice in leading international journals (American Journal of International Law, European Journal of International Law, Journal of International Criminal Justice, Harvard International Law Journal), and edited several collections of essays in the field.

Inhalt

• Introduction More than a Court, Less than a Court, Several Courts in One? - The International Criminal Court in Perspective
• Part 1: Context, Challenges, and Constraints
• 1: Richard Dicker: The International Criminal Court (ICC) and Double Standards of International Justice
• 2: Leslie Vinjamuri: The ICC and the Politics of Peace and Justice
• 3 The Relationship between the ICC and the United Nations Security Council: Deborah Ruiz Verduzco
• 4: Anton Du Plessis and Ottilia Anna Maunganidze: The ICC and the AU
• 5: Stuart Ford: How Much Money Does the ICC Need?
• 6: Jonathan O'Donohue: The ICC and the ASP
• Part 2: The Relationship to Domestic Jurisdictions
• 7: Rod Rastan: Jurisdiction
• 8: Mohamed M El Zeidy: Ad hoc Declarations of Acceptance of Jurisdiction: The Palestinian Situation under Scrutiny
• 9: Harmen van der Wilt: Self-Referrals as an Indication of the Inability of States to Cope with Non-State Actors
• 10: Carsten Stahn: Admissibility Challenges Before the ICC: From Quasi-Primacy to Qualified Deference?
• 11: Robert Cryer: The ICC and its Relationship to Non-States Parties
• 12: Dov Jacobs: The Frog that Wanted to Be an Ox: The ICCs Approach to Immunities
• Part 3: Prosecutorial Policy and Practice
• 13: Paul Seils: Putting Complementarity in its Place
• 14: Susana SáCouto and Katherine Cleary Thompson: Investigative Management, Strategies, and Techniques of the ICCs OTP
• 15: Fabricio Guariglia and Emeric Rogier: The Selection of Situations and Cases by the OTP of the ICC
• 16: William Schabas: Selecting Situations and Cases
• 17: Jenia Iontcheva Turner: Accountability of International Prosecutors
• Part 4: The ICC and Its Applicable Law
• 18: Gilbert Bitti: Article 21 and the Hierarchy of Sources of Law before the ICC
• 19: Joseph Powderly: The Rome Statute and the Attempted Corseting of the Interpretative Judicial Function: Reflections on Sources of Law and Interpretative Technique
• 20: Elies van Sliedregt: Perpetration and Participation in Article 25(3)
• 21: Jens David Ohlin: Co-Perpetration: German Dogmatik or German Invasion?
• 22: Thomas Weigend: Indirect Perpetration
• 23: Hector Olasolo: Forms of Accessorial Liability under Article 25(3)(b) and (c)
• 24: Kai Ambos: The ICC and Common Purpose - What Contribution is Required under Article 25(3)(d)?
• 25: Alejandro Kiss: Command Responsibility under Article 28 of the Rome Statute
• 26: Mohamed Elewa Badar and Sara Porro: Rethinking the Mental Elements in the Jurisprudence of the ICC
• 27: Claus Kreß: The ICCs First Encounter with the Crime of Genocide: The Case against Al Bashir
• 28: Darryl Robinson: Crimes against Humanity: A Better Policy on Policy
• 29: Michael A. Newton: Charging War Crimes: Policy and Prognosis from a Military Perspective
• 30: Anthony Cullen: The Characterization of Armed Conflict in the Jurisprudence of the ICC
• 31: Roger S. Clark: The Crime of Aggression
• 32: Niamh Hayes: La Lutte Continue: Investigating and Prosecuting Sexual Violence at the ICC
• 33: Carl-Friedrich Stuckenberg: Cumulative Charges and Cumulative Convictions
• Part 5: Fairness and Expeditiousness Of ICC Proceedings
• 34: Simon De Smet: The International Criminal Standard of Proof at the ICC - Beyond Reasonable Doubt or Beyond Reason?
• 35: Ignaz Stegmiller: Confirmation of Charges
• 36: Håkan Friman: Trial Procedures - with a Particular Focus on the Relationship between the Proceedings of the Pre-Trial and Trial Chambers
• 37: Margaret M. deGuzman: Proportionate Sentencing at the ICC
• 38: Volker Nerlich: The Role of the Appeals Chamber
• 39: Kevin Jon Heller: A Stick to Hit the Accused With: The Legal Recharacterization of Facts under Regulation 55
• 40: Alex Whiting: Disclosure Challenges at the ICC
• 41: Karim A A Khan QC and Caroline Buisman: Sitting on Evidence: Systematic Failings in the ICC Disclosure Regime - Time for Reform
• 42: Aiste Dumbryte: The Roads to Freedom - Interim Release in the Practice of the ICC
• 43: Joris van Wijk and Marjolein Cupido: Testifying behind Bars - Detained ICC Witnesses and Human Rights Protection
• 44: Markus Eikel: External Support and Internal Coordination - The ICC and the Protection of Witnesses
• 45: Sergey Vasiliev: Victim Participation Revisited - What the ICC is Learning about Itself
• 46: Conor McCarthy: The Rome Statutes Regime of Victim Redress: Challenges and Prospects
• Part 6: Impact, 'Legacy', and Lessons Learned
• 47: Nick Grono and Anna de Courcy Wheeler: The Deterrent Effect of the ICC on the Commission of International Crimes by Government Leaders
• 48: Olympia Bekou: The ICC and Capacity Building at the National Level
• 49: Elizabeth Evenson and Alison Smith: Completion, Legacy, and Complementarity at the ICC
• 50: Philipp Ambach: A Look towards the Future - The ICC and Lessons Learnt