Introduction to the Forum

This Forum is run by Dr. Richard H. Steinberg of UCLA School of Law (UCLA Law) with the support of the Office of the Prosecutor of the International Criminal Court (ICC OTP).

The purpose of the Forum is to allow members of the legal community, governments, academics, and others to debate complex issues of international criminal law faced by the Office of the Prosecutor in the course of its work at the ICC. Membership and participation in this Forum are open to everyone. We welcome you to express your opinion, and we request a civil debate which directly addresses the legal issue set forth in the current question.

Since its inception in 2002, the ICC has advanced international justice and human rights by embracing new developments in human rights law. As with any emerging body of law, it is important to gather as much insight as possible on highly contested issues. And what better way to share insight than through the Internet?

The Forum will deal with one substantive legal issue at a time in the form of a question—we anticipate addressing five questions a year. The questions are developed jointly by the ICC OTP and UCLA Law. Some of the world’s preeminent legal experts on the issue raised by the questions will be invited to give their opinions. The relevant decisions of the Prosecutor or the Judges of the ICC will also be included. Those opinions, in turn, provide a strong foundation for further online discussion.

We invite every interested person to register and post their own views on the question in a courteous and polite manner. Posts should be on-point. The Forum does not permit hate speech or ad hominem attacks.

Posts which violate the Rules and Guidelines will be promptly removed. Posters who violate the guidelines may be prohibited from further postings. The subject matter that concerns the ICC (crimes against humanity, genocide, gender crimes, and so on) is adult in nature, and accordingly this Forum is not appropriate for children.

This Forum is not an opinion poll. It is about allowing voices to be heard, but not counted. The number of posts for or against a certain point of view is not relevant here. What’s compelling is the argument. While the ICC OTP will be informed by the Forum, the Forum is obviously not intended to direct the OTP’s actions.

You’re free to read the Forum anonymously, but to join the discussion, you must register with your real name and email address. Your email address is not publicly displayed, pursuant to our Privacy Policy Statement. The Forum has an internal messaging system and will serve as an intermediary between member conversations, unless those members choose otherwise. Each member may have an optional biographical profile. Spamming or advertising services is not permitted.

Your first few comments won’t be displayed until approved by our staff. After you’re a trusted member, your posts will no longer require advance approval.

By posting on this Forum, an unrestricted license to edit, publish, and republish the material is granted to the Regents of the University of California without restriction of any kind. Some issues discussed in the Forum may be compiled into book or article format for distribution.

UCLA Law hopes that this Forum will help provide clarity on the legal positions of difficult, novel and complex issues facing the International Criminal Court. Please join us. We look forward to reading your contribution.

Web work on the Forum is by Pipsqueak Productions. If you have feedback or other comments, please send email to info@iccforum.com.

The Promise Institute for Human Rights at UCLA School of Law

The Promise Institute for Human Rights at UCLA School of Law is the center of human rights education, research, and advocacy at UCLA and around the region. Founded with a visionary $20 million gift in 2017, the Promise Institute at UCLA Law trains the next generation of human rights lawyers and leaders, generates vital scholarship, and develops programs for on-the-ground assistance to address the most pressing contemporary human rights concerns of our times—from race and migration to the environment and technology, matters which resonate with its location in Los Angeles, and which are reshaping our world.

The Institute brings together faculty with expertise and experience in international human rights, immigration, national and international security, civil rights, constitution writing, the laws of armed conflict, transnational and international criminal justice, environmental law and public interest law, and maintains a focus on broad accountability for human rights violations and international crimes. The Promise Institute supports curricular expansion, bringing leading scholars to campus.

Students engaged with the Promise Institute gain a strong foundation in human rights law and have the opportunity to participate in clinics, experiential programs and other endeavors that enhance their educational experience and prepare them for impactful careers in the field. The Institute supports a diverse program of scholarship and fellowship programs, as well as activities and publications that will serve as fora for international human rights lawyers and scholars from UCLA and beyond.

Richard H. Steinberg

Dr. Richard H. Steinberg, Editor-in-Chief ICC Forum

Richard Steinberg is the Jonathan D. Varat Endowed Professor of Law and Professor of Political Science at UCLA, where he writes and teaches in the areas of international law and international relations, with a focus on international economic law, international criminal law, and human rights.

He is a Member of the Council on Foreign Relations, a Member of United States Trade Representative’s Trade and Environment Policy Advisory Committee, Chair of the International Trade Law Committee of the American Branch of the International Law Association, Director of Trade Policy Research at the Berkeley Roundtable on the International Economy (BRIE) at UC Berkeley, and Editor-in-Chief of the award-winning ICC Forum.

Professor Steinberg has served as Counselor to the American Society of International Law, on the Board of Editors of the American Journal of International Law (2004–2014), and on the Editorial Board of International Organization (2003–2012). He has taught law courses on six continents including at Stanford Law School, the University of California Berkeley (Boalt Hall) School of Law, Sciences Po (Institut d’Etudes Politiques) in France, Hebrew University in Jerusalem, and the University of São Paulo in Brazil.

Dr. Steinberg has written over sixty articles and book chapters on international law. Recent books include: The International Criminal Court: Contemporary Challenges and Reform Proposals (Brill/Nijhoff, 2020);Contemporary Issues Facing the International Criminal Court (Brill/Nijhoff, 2016);Assessing the Legacy of the ICTY (Martinus Nijhoff, 2011; BCS translation, ICTY, 2011);International Institutions (co-edited) (SAGE, 2009);International Law and International Relations (co-edited) (Cambridge University Press, 2007); and The Evolution of the Trade Regime: Economics, Law, and Politics of the GATT/WTO (co-authored) (Princeton University Press, 2006; Chinese translation, Peking University Press, 2013).

Prior to arriving at UCLA, Professor Steinberg worked as Assistant General Counsel to the United States Trade Representative in Washington, D.C., and later as an associate with Morrison & Foerster in San Francisco. A graduate of Yale, he holds a J.D. and Ph.D. degree from Stanford, was a Ford Foundation Fellow at Harvard, and a MacArthur Foundation Fellow at Stanford.

Forum Schedule

All debates are open for comment.

Decentralized Accountability Question

How, and to what extent, should the ICC’s Office of the Prosecutor engage with national, regional, or other authorities or organizations to support accountability for those accused of grave crimes? Twenty-second major question begun on September 13, 2023.
The Legal Traditions Question

To what extent has the ICC under-represented non-Western laws, principles, rules, procedures, practices, or traditions in its legal structure and system? Twenty-first major question begun on July 25, 2022.
The Cyberwarfare Question

To what extent and under what conditions might cyber operations or cyberwarfare constitute crimes specified in the Rome Statute? Twentieth major question begun on March 7, 2022.
The Gravity Question

What is the universe of cases upon which the ICC should focus? What should be the threshold for the gravity that warrants investigation of a situation or prosecution of those most responsible? Nineteenth major question begun on July 1, 2021.
The U.S. Sanctions Question

Is it appropriate or effective for the United States to attempt to influence the actions of the ICC by means of the sanctions set forth in President Trump’s June 2020 Executive Order? Eighteenth major question begun on January 8, 2021.
The Cyber Evidence Question

To what extent can cyber evidence repositories, and digital and open-source evidence, facilitate the work of the OTP, and the ICC more generally? Seventeenth major question begun on June 1, 2020.
The Completion Strategy Question

What might be some elements of an ICC completion strategy for situations under investigation? Sixteenth major question begun on February 24, 2020.
The Superior Responsibility Question

What does the Bemba Appeal Judgment say about superior responsibility under Article 28 of the Rome Statute? Fifteenth major question begun on May 27, 2019.
The Anniversary Question

In the Rome Statute’s third decade, what key reforms could make the international criminal justice project stronger, more efficient, and more effective? Fourteenth major question begun on June 28, 2018.
The Aggression Question

How should the ICC investigate and prosecute the crime of aggression? Thirteenth major question begun on February 12, 2018.
The Performance Question

How can the performance of the ICC be properly assessed? Twelfth major question begun on July 10, 2017.
The Withdrawal Question

How will the withdrawal of some African States from the ICC affect international justice? Eleventh major question begun on November 15, 2016.
The Sexual and Gender-Based Violence Question

How to improve cooperation of first responders to assist ICC investigations of SGBV? Tenth major question begun on April 12, 2016.
The Outreach Question

How can the ICC Improve its Outreach Efforts? Ninth major question begun on February 17, 2015.
The Arrest Question

What More Can Be Done to Secure Arrests? Eighth major question begun on February 13, 2014.
The Africa Question

Is the ICC Targeting Africa Inappropriately? Seventh major question begun on March 17, 2013.
The Mass Rape Question

Do Individual Victims of Mass Rape Have to Testify? Sixth major question begun on June 26, 2012.
The Reparations Question

Reparations for Addressing Mass Atrocities and War Crimes? Fifth major question begun on February 6, 2012.
The Prevention Question

How can the ICC Maximize its Crime Prevention Impact? Fourth major question begun on October 6, 2011.
The Libya Question

Where Should Saif al-Islam Gaddafi be Tried? Special member debate begun on November 21, 2011.
The Oversight Question

What is the Proper Balance Between Oversight and Independence? Third major question begun on May 6, 2011.
The Darfur Question

What Should the ICC Do About the Darfur Situation? Second major question begun on January 26, 2011.
The Gaza Jurisdiction Question

Should the ICC Investigate War Crimes in Gaza? First major question begun on September 1, 2010.
The Exit Interview

Amplify on the issues raised in the video Exit Interview of Luis Moreno-Ocampo. Special feature begun on February 13, 2014.
The Universality Lecture

If Desirable, How Can Universal State Participation Be Achieved? Special lecture and debate begun on March 5, 2013.
The Peace Lecture

To What Extent can the ICC Advance Peace Around the World? Special lecture and debate begun on February 19, 2013.
The Victims Lecture

How can Victims Rights and Representation be Improved at the ICC? Special lecture and debate begun on February 12, 2013.
The Arrest Lecture

How can the ICC Secure the Arrest and Surrender of Indictees? Special lecture and debate begun on February 5, 2013.
The Efficiency Lecture

How Could the ICC Become More Efficient? Special lecture and debate begun on January 29, 2013.
The Deterrence Lecture

Is Deterrence of Mass Atrocities an Attainable Goal of the ICC? Special lecture and debate begun on January 22, 2013.
The Security Council Lecture

Relationship Between the ICC and the UN Security Council? Special lecture and debate begun on January 15, 2013.
The Politics Lecture

Should the Prosecutor Consider or Engage in Politics? Special lecture and debate begun on January 8, 2013.

Featured Comments

jordynyian: I. Introduction Universal criminal jurisdiction allows any nation to prosecute serious international crimes. Although universal criminal jurisdiction exists under the current state of international criminal law, its decentralized nature has proven to be a weakness. This current lack of international cooperation can be resolved through the development of transgovernmental networks. However, implementation of successful transgovernmental networks is... (more)
Alexandra Speed: Regional Organizations as Partners in Complementarity: An Exploration of the AU, ASEAN, & Arab League of States’ Roles in Implementing Complementarity I. Introduction Regional organizations like the African Union, Association of Southeast Asian Nations, and the Arab League of States have the opportunity to assist the international community by implementing the principle of complementarity. Although, there... (more)
Regina Campbell: How TikTok Can Save the World—Regional Organizations’ Role in Joining Social Movements to Ensure Compliance With International Law In this comment, I argue that the role of regional organizations in Africa can aid in implementing the principle of complementarity by aligning themselves with social movements that create a culture of domestic prosecution and pressure States to exercise jurisdiction over mass atrocities. In Part I, I define complementarity... (more)
Zishan Yu: Promotion of Universal Jurisdiction: With Experts One-to-One Introduction This comment discusses how to promote universal jurisdiction. By arguing for the importance of universal jurisdiction and comparing different situations faced by countries, this comment discusses problems we face when introducing universal jurisdiction to the world. In China, for example, an important principle in criminal law is “No crime without law making it so; no... (more)
mahak jain: The comment attempts to reimagine the frameworks of the principle of complementarity under the Rome Statute in correlation with the sub-Saharan African context. The comment advances the debate over the role of the International Criminal Court (ICC) and the African Court of Justice and Human Rights (ACJHR) with the incoming of the amendments to the Protocol on the Statute of the ACJHR titled as the Malabo Protocol.1 I aim to shed... (more)
SydneyRobles: I. Introduction International law increasingly recognizes that States have a moral and legal duty to hold perpetrators of grave international crimes accountable.1 To fulfill this duty, a number of States have adopted universal jurisdiction laws empowering national courts to assert jurisdiction over select crimes based solely on their heinous nature, without any connection to the State.2 This Comment conducts a comparative analysis of German,... (more)
hglembo: Using Development Banks to Implement Complementarity I. Introduction The principle of complementarity, specifically positive complementarity focuses on providing collaborative assistance from the International Criminal Court (ICC). While a core goal of the Rome Statute is for the ICC to work complementary to national criminal jurisdictions, this is not always successfully implemented.... (more)
jordynyian: I. Introduction Under the principle of complementarity, the International Criminal Court (ICC or the Court) is intended to function solely as a court of last resort when courts of the national jurisdiction where crimes occurred are unable to genuinely investigate and prosecute these crimes. As part of their genuine efforts, national jurisdictions must also sufficiently address victims’ rights. However, under the current state of... (more)
Dalia: I. Introduction The principle of universal jurisdiction provides for a state’s jurisdiction over crimes against international law even when the crime did not occur on that state’s territory, and neither the victim nor perpetrator is a national of that state (thus ruling out the exercise of jurisdiction through the principles of nationality, passive personality, and territoriality).1 This, thus, allows national courts in third countries... (more)
aalmaguer: How Regional Organizations Can Support Complementarity: The Asian Development Bank and Judicial Reform Introduction The principle of complementarity requires institutional capacity at the national level to prosecute the crimes set forth by Article 5 of the Rome Statute (Article 5 Crimes). The International Criminal Court (ICC) was designed to be a court of last resort, not the only court. Of... (more)
Dalia: I. Introduction The principle of complementarity aims at granting jurisdiction to a subsidiary body when the main body fails to exercise its primacy jurisdiction.1 In the case of the International Criminal Court (ICC), this would mean interfering only when the national jurisdiction was unwilling or unable to prosecute pursuant to Article 17 of the Rome Statute.2 One of the major issues that the... (more)
arvind2024: Universal Jurisdiction and Horizontal Complementarity I. The Problem with Universal Jurisdiction As the prompt for this question notes, states are becoming increasingly comfortable trying cases under universal jurisdiction. Yet, universal jurisdiction remains a frequently debated issue because its exercise involves infringing traditional state sovereignty.1 When a state invokes universal jurisdiction, it may exercise jurisdiction... (more)
Regina Campbell: Victim Over Verdict—How Exercising Universal Jurisdiction Means Promoting the Interests of Victims of International Atrocities In this comment, I argue that in order to exercising universal jurisdiction, the International Criminal Court’s (ICC) Office of the Prosecutor (OTP) should prioritize the interests and desires of the victims of international atrocities. In Part I, I explain why the OTP should... (more)
SydneyRobles: I. Introduction The principle of complementarity is a cornerstone of the Rome Statute and the International Criminal Court (ICC). Under this design, the ICC will only intervene in “exceptional” circumstances where states fail to investigate and prosecute international crimes.1 Since its inception, the ICC has opened investigations in nine African States.2 A number of... (more)
DevinYaeger: How Can the International Criminal Court Help National Courts Implement Universal Jurisdiction: Potential Applications and Pitfalls Arising from the Article 93 Cooperation I. Introduction In recent years, there has been renewed interest in countries exercising universal jurisdiction, i.e., the prosecution of foreign nationals for serious crimes unrelated to the prosecuting nation other than their offensiveness or threat to... (more)
james2024: Regional Complementarity: Mutually Beneficial Collaboration between Regional Courts and the ICC I. Introduction The International Criminal Court (ICC) is a unique forum for international justice, as the only international court charged with prosecuting individuals for genocide, crimes against humanity, war crimes, and the crime of aggression.1 Despite its unique place in international justice, the Court has long faced... (more)
Zishan Yu: A Win-Win Situation: Cooperation Between the International Criminal Court and Regional Organizations I. Introduction This comment addresses the challenges that the International Criminal Court (ICC) faces in today’s rapidly changing world. Some people are disappointed that only a few perpetrators have been tried by the ICC, and that the vast majority have so far escaped consequences for their crimes. Some countries... (more)
mahak jain: The success of the International Criminal Court (ICC) revolves around its jurisdictional structure and the complementarity component of its legal system and it may very well be quantifiable by how few situations the Court will have to prosecute.1 This is not because of the quixotic belief that the ICC can serve as a better court of law and custodian of world peace and justice, but because of its default... (more)
hglembo: ICC as a Partner for States Trying Universal Jurisdiction Cases I. Introduction As a greater number of states try universal jurisdiction-based cases, it is apparent that the International Criminal Court (ICC) should make itself a better partner for these states. Universal jurisdiction allows states to try crimes, similar to those outlined in the Rome Statute,1 no matter where the crime occurred or... (more)
Alexandra Speed: Universal Jurisdiction’s Universal Issues: Solutions for the States by the ICC I. Introduction Universal jurisdiction is an element of international law that is frequently exercised by many countries across the world. It is most generally exercised by states that have an interest in seeing perpetrators of international crimes brought to justice. It has recently been exercised by Germany prosecuting Syrian officials and... (more)
aalmaguer: Helping States Pursue Investigations Under Universal Jurisdiction: Proposed Role for the International Criminal Court and Interpol Introduction At a fundamental level, a state needs three things to pursue a criminal investigation through universal jurisdiction: existing national laws or legislation authorizing the exercise of universal jurisdiction over the specific crime, political will to apply those laws and pursue... (more)
arvind2024: Doing Away with the ICC’s Unitary Structure The principle of complementarity is a “cornerstone” of the Rome Statute.1 It is more than a jurisdictional rule on concurrent claims by domestic courts and the International Criminal Court (ICC) as articulated in Article 17: it “has begun to shape the normative structure of peace-making.”2 In its 2006 Report on Strategy, the Office... (more)
james2024: Expanding the Landscape of International Justice: Obstacles to Universal Jurisdiction and the Potential Role of the ICC I. Introduction Since its inception in 1998, the International Criminal Court (ICC) has aimed to bring justice to the gravest international crimes in the world. The Court is the first and only permanent international criminal court with the jurisdiction to investigate and prosecute individuals for genocide... (more)

About Us

Introduction to the Forum

Richard H. Steinberg

Forum Schedule

Featured Comments