I think we need to first say what we mean by “state participation.” I think if it's active and constructive participation then we should aim for a more inclusive and universal participation. It's difficult to see how more helpful and supportive voices could hurt given the criticisms currently being directed at the institute. On the other hand, if a state joins, but is obviously detrimental then it may have been more beneficial to leave the state out until it proved to be more useful. With all the difficulties the ICC faces already just in terms of budgetary concerns in things like maintaining contact with member states to promote cooperation and participation. For instance, it may have to spend money to send people out to garner support in member states. Adding deadweight or an actively adversarial state could very well be detrimental as it may result in the ICC just wasting time and resources on a unsupportive member. Just trying to adjust for new states wouldn't be helpful for the ICC if they are already overworked. Therefore, It might just be more trouble than it's worth. Unless, the new state is likely to be in the category of constructive, then it may be better for the ICC to focus its energies on other issues than universal participation. For instance, full participation from those which are already members as mentioned in another comment.
Dr. Helen Stacy
Professor of Law
Comment on the Universality Lecture Question: “Is universal state participation in the ICC system desirable and, if so, how could that be achieved?”
I think we need to first say what we mean by “state participation.” I think if it's active and constructive participation then we should aim for a more inclusive and universal participation. It's difficult to see how more helpful and supportive voices could hurt given the criticisms currently being directed at the institute. On the other hand, if a state joins, but is obviously detrimental then it may have been more beneficial to leave the state out until it proved to be more useful. With all the difficulties the ICC faces already just in terms of budgetary concerns in things like maintaining contact with member states to promote cooperation and participation. For instance, it may have to spend money to send people out to garner support in member states. Adding deadweight or an actively adversarial state could very well be detrimental as it may result in the ICC just wasting time and resources on a unsupportive member. Just trying to adjust for new states wouldn't be helpful for the ICC if they are already overworked. Therefore, It might just be more trouble than it's worth. Unless, the new state is likely to be in the category of constructive, then it may be better for the ICC to focus its energies on other issues than universal participation. For instance, full participation from those which are already members as mentioned in another comment.