Efficiency Lecture Question
In what ways could the ICC’s bureaucracy, finances, judicial election process, and relationship with the States Parties be reformed to increase its efficiency as an instrument for international justice?
Comment on the Efficiency Lecture Question: “In what ways could the ICC’s bureaucracy, finances, judicial election process, and relationship with the States Parties be reformed to increase its efficiency as an instrument for international justice?”
Although Mr. Bassiouni (how is impressively often cited as the Godfather of International Criminal Law) had much to say about the ICC’s problems with respect to finances and bureaucracy, I was most struck by the issues it faces regarding victim participation. While I applaud the ideology, principle, and ethics behind the ICC’s attempt to make the victims of human rights atrocities heard, this practice has become incredibly detrimental to the ICC’s overall functionality and efficiency. ICC trials (or at least the few that have occurred) stretch out over years, making convictions unlikely and essentially negating any semblance of deterrence. Moreover, the issue of victim representation has prevented trials from beginning at all. I hold that victim empowerment is an essential component of justice. However, for the sake of efficiency, I believe that victim testimony must be streamlined during ICC proceedings, perhaps by instituting a maximum number of victim testimonies, or perhaps by encouraging victims/their representatives to compile a comprehensive and maximally representative docket of victim testimony to be used exclusively in trial.
M. Cherif Bassiouni
Professor of Law
Comment on the Efficiency Lecture Question: “In what ways could the ICC’s bureaucracy, finances, judicial election process, and relationship with the States Parties be reformed to increase its efficiency as an instrument for international justice?”
Although Mr. Bassiouni (how is impressively often cited as the Godfather of International Criminal Law) had much to say about the ICC’s problems with respect to finances and bureaucracy, I was most struck by the issues it faces regarding victim participation. While I applaud the ideology, principle, and ethics behind the ICC’s attempt to make the victims of human rights atrocities heard, this practice has become incredibly detrimental to the ICC’s overall functionality and efficiency. ICC trials (or at least the few that have occurred) stretch out over years, making convictions unlikely and essentially negating any semblance of deterrence. Moreover, the issue of victim representation has prevented trials from beginning at all. I hold that victim empowerment is an essential component of justice. However, for the sake of efficiency, I believe that victim testimony must be streamlined during ICC proceedings, perhaps by instituting a maximum number of victim testimonies, or perhaps by encouraging victims/their representatives to compile a comprehensive and maximally representative docket of victim testimony to be used exclusively in trial.