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The Elgar Companion to the International Criminal Court

Edited by: Margaret M. deGuzman, Valerie Oosterveld

ISBN13: 9781785368226
Published: December 2020
Publisher: Edward Elgar Publishing Limited
Country of Publication: UK
Format: Hardback
Price: £209.00



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This comprehensive Companion examines the achievements and challenges of the International Criminal Court (ICC), the world’s first permanent international criminal tribunal. It provides an overview of the first two decades of the ICC’s existence, investigating the dominant narratives and counter-narratives that have emerged about the institution and its work.

In this timely work, an international team of scholars and experts evaluate the ICC’s actual and potential role in the world by exploring some of the central issues related to its creation, mandate, and operations. Chapters address topics ranging from the negotiation dynamics surrounding the drafting of the Rome Statute, to the roles of the Office of the Prosecutor, judges, defence and victims, as well as key controversies around peace and justice, selectivity of cases and situations, and gender-sensitivity.

This Companion is critical reading for scholars, students and practitioners of international criminal law. Its mixture of theoretical perspectives and case study analysis will also be of interest to those studying and working in global justice and international law more broadly, including in transitional justice, human rights law, public international law and international relations.

Subjects:
International Criminal Law
Contents:
Introduction: narratives and counter-narratives of the International Criminal Court x
PART I: THE ESTABLISHMENT OF THE ICC
1. The dynamics of the Rome Conference 3
William A. Schabas
2. The Rome Conference: institutional design and the constraints of diplomacy 20
Frédéric Mégret
PART II: INTERPRETING AND APPLYING THE ROME STATUTE
3. Contestation and inevitability in the crimes of the International Criminal Court 49
Saira Mohamed
4. Admissibility as a theory of international criminal law 62
Alexander K. A. Greenawalt
5. Heads of state and other government officials before the International
Criminal Court: the uneasy revolution continues 96
Leila Nadya Sadat
6. Penalties and punishment 128
Mark A. Drumbl
7. Can the ICC function without state compliance? 147
Rod Rastan
PART III: ICC IN ACTION
8. Taking the opportunity: prosecutorial opportunism and the International
Criminal Court 181
Mark Kersten
9. Judges, the registry, and defence counsel 204
Sara Wharton
10. The Assembly of States Parties 231
Jennifer Trahan
11. Africa, the Court, and the Council 261
Rebecca J. Hamilton
PART IV: MAJOR CONTROVERSIES
12. Peace and justice 280
Yvonne M. Dutton
13. Re-narrating selectivity 307
Asad G. Kiyani
14. Human rights compliance 334
Jonathan O’Donohue
15. Re-writing sex and gender in international criminal law 363
Rosemary Grey and Louise Chappell
16. Mission uncertain: what communities does the ICC serve? 387
Margaret M. deGuzman
Index