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Contemporary Issues Facing the International Criminal Court

Edited by: Richard H. Steinberg

ISBN13: 9789004304444
Published: April 2016
Publisher: Brill Nijhoff
Country of Publication: The Netherlands
Format: Hardback
Price: £184.00



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Contemporary Issues Facing the International Criminal Court is a collection of essays by prominent international criminal law commentators, responsive to questions of interest to the Office of the Prosecutor of the International Criminal Court.

Topics include:

  • Jurisdiction: The 2008-2009 Gaza Issue
  • The Obligation to Arrest in the Darfur Context
  • Appropriate Limitations on Oversight
  • The ICC and Prevention of Crimes
  • Reparations
  • Proving Mass Rape
  • Focus on Africa: Is the ICC Biased?
  • Increasing Rates of Apprehension and Arrest

Subjects:
International Criminal Law
Contents:
Acknowledgements
Foreword Fatou B. Bensouda
Preface Richard H. Steinberg
Contributors
Abbreviations

Part I. Jurisdiction: The 2008-2009 Gaza Issue
Introduction to the 2008-2009 Gaza Jurisdiction Issue Richard H. Steinberg
No Jurisdictional Basis for an Investigation Pursuant to the Palestinian Declaration George P. Fletcher
Press Releases, Not Arrest Warrants: Interpreting the ICC Prosecutor’s Moves in Relation to the Gaza Situation Marlies Glasius
Palestine and the International Criminal Court: Asking the Right Question Michael Kearney
Palestine is a State so the Consent Declaration is a Valid Basis for Investigation by the ICC John Quigley
Statehood and Recognition: Not a Matter for the ICC Prosecutor Yaël Ronen

Part II. Obligation to Arrest: The Darfur Issue
Introduction: The Obligation to Arrest in the Darfur Context Richard H. Steinberg
The Genocide Convention Provides an Alternative Basis for the Obligation to Arrest Al Bashir Dapo Akande
Head of State Immunity as a Bar to Arrest Paola Gaeta
Closing the “Impunity Gap” and the Role of State Support of the ICC Makau W. Mutua
State Obligations in Implementing Arrest Warrants William A. Schabas
State “Cooperation Issues” in Arresting Al Bashir Göran Sluiter

Part III. The Oversight Issue
Introduction to the Oversight Issue Richard H. Steinberg
The Proposed Independent Oversight Mechanism for the International Criminal Court José E. Alvarez
The Independent Oversight Mechanism Does Not Have Authority to Investigate and Decide Alleged Misconduct by Staff in the Office of the Prosecutor Nicholas Richard Cowdery
The Role of the Assembly of States Parties for the ICC Max du Plessis and Christopher Gevers
Establishing a Transparent and Effective Oversight Machinery and the Need for Constructive Dialogue Between the Assembly, Court Officials, and Civil Society Akbar Khan
A Reasonable Request: Requiring Prosecutor Authorization Prior to Any Investigation by the Independent Oversight Mechanism Harmen Van der Wilt

Part IV. Deterrence: The Prevention Issue
Introduction to the Prevention Issue: Enhancing Deterrence Richard H. Steinberg
The ICC Would Increase Its Prevention Ability If the Prosecutor’s Discretion Were More Visibly Limited Kenneth Anderson
The Court Should Avoid All Considerations of Deterrence and Instead Focus on Creating a Credible and Legitimate Normative Environment in which Serious Crimes Are Not Tolerated Tomer Broude
Maximizing the ICC's Crime Prevention Impact Through Positive Complementarity and Hard-nosed Diplomacy William W. Burke-White
The Crime Prevention Potential of the ICC Depends Upon its Credibility and the Support it Receives from Governments and States Parties to the Rome Treaty Richard J.Goldstone
Maximizing Opportunities to Deter Further Atrocity Crimes Ambassador David Scheffer

Part V. The Reparations Issue
Introduction to the Reparations Issue Richard H. Steinberg
Victims’ Rights and Participation in ICC Proceedings and in Emerging Customary International Law M. Cherif Bassiouni
The ICC Should Avoid Paternalistic or Bureaucratic Approaches to Determining Victims' Needs and Wants and Should Award Reparations to Promote Victims' Dignity and Agency Carla Ferstman
Reparations in the Wake of Atrocities: A Plan for Encouraging Participation by Governments Saul Levmore
Reparations Before the ICC: the Need for Pragmatism and Creativity Frédéric Mégret
A Minimalist Reparations Regime for the International Criminal Court Eric A. Posner

Part VI. Proof: The Mass Rape Issue
Introduction: Proving Mass Rape Richard H. Steinberg
Can the ICC Sustain a Conviction for the Underlying Crime of Mass Rape without Testimony from Victims? Kelly Dawn Askin
Cases of Mass Sexual Violence Can Be Proven Without Direct Victim Testimony Anne-Marie de Brouwer
The Use of Sample Survey Interviews as Evidence of Mass Rape John Hagan
ICC Prosecution of Mass Rape Crimes Will Require Some Evidence from Victims, but the Hardship of Testifying can be Mitigated Ruth Wedgwood

Part VII. Bias? The Africa Issue
Introduction to the Africa Issue: Is the ICC Biased? Richard H. Steinberg
The Inevitable Practice of the Office of the Prosecutor M. Cherif Bassiouni and Douglass Hansen
Is the ICC Targeting Africa Inappropriately or is it Justified? Kamari Maxine Clarke
Is the ICC Targeting Africa Inappropriately?: A Moral, Legal and Sociological Assessment Margaret M. deGuzman
International Politics and Policy Considerations for the Inappropriate Targeting of Africa by the ICC OTP Chief Charles Achaleke Taku
The Institutional Framework of the Office of the Prosecutor, Legitimacy, and Overcoming Bias Allegations Jessica Peake
Is the ICC’s Exclusively African Case Docket a Legitimate and Appropriate Intervention or an Unfair Targeting of Africans? Abdul Tejan-Cole

Part VIII. The Arrest Issue
Introduction to the Arrest Issue Richard H. Steinberg
ICC Fugitives: The Need for Bespoke Solutions Beth Van Schaak
Ramping Up Strategies for the ICC Arrests: A Few Lessons Learned Richard Dicker
Some Reflections on Securing the Arrest of ICC Fugitives Cedric Ryngaert
Pollyannas Need Not Apply: International Justice is, to a Certain Extent, Political Justice Tom Parker
The Prosecutor May Increase Rates in the Apprehension of Suspects and Therefore Secure Higher Levels of Judicial Enforcement by Appreciating and Capitalizing on her Political Role and the Realities Surrounding It Nadia Banteka
Index