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- Melis: The Function of the Gravity Analysis in the International Criminal Court’s Mandate to End Impunity I. Introduction Article 17 of the Rome Statute provides that a case must be of sufficient gravity to justify action by the International Criminal Court (ICC).1 Thus, the Office of the Prosecutor (OTP) considers the gravity of crime in its case selection process. As outlined in its 2016... (more)
- asykora: In Selecting Cases to Investigate and Prosecute, How Wide Should the Prosecutor’s Aperture Be? I. Introduction The very first article of the Rome Statute establishing the ICC states that the Court “shall have the power to exercise its jurisdiction over persons for the most serious crimes of international concern.”1 Article 5 elaborates this point, stating:... (more)
- Patrick King: I. Introduction From its inception, the International Criminal Court (ICC or the Court) has set out to address and adjudicate only those cases of most serious concern to the international community as a whole.1 Gravity is a crucial concept in the operation of the International Criminal Court. Despite its importance to the ICC, and, in particular, to the Office of the Prosecutor (OTP), gravity is left largely undefined by the... (more)
- eboldis: An Expressivist Approach to Case Selection Introduction As the Special Tribunal for Lebanon (STL) noted: Criminal investigation and prosecution […] is unavoidably selective in any system. […] Selectivity is part of the history of international criminal jurisdictions, and an inevitable consequence of establishing an international criminal court or tribunal.1 This is even more true for the... (more)
- ramyaswami: Aperture of the Prosecutor: Reconciling the Concerns of the International Community with Political Influences I. Introduction In selecting cases to investigate and prosecute under her Article 15 powers, there is contention about how wide the Prosecutor’s aperture should be.1 Under the Rome Statute, the ICC prosecutor must abide by an extensive list of rules and... (more)
- madhavi.narayanan: Reversing the ICC’s Case Selection Process I. Introduction The International Criminal Court (ICC) is constantly in a state of struggle to prove that it is an effective, legitimate institution. Because there are literally hundreds of situations of grave crimes to choose from, which cases the Office of the Prosecutor (OTP) decides to select signals to the broader international community how it is acting on its... (more)
- jak223: The Prosecutor’s Aperture and the Deterrent Effect of the ICC A primary goal of the International Criminal Court (ICC) is to deter future perpetrators from committing crimes considered by the international community to be the most grave or serious. “Without justice, conflicts, atrocities and fear would reign free.”1 This justice is accomplished by holding past perpetrators accountable for those crimes via prosecutions and... (more)
Mass Rape issue
If the ICC is to allow a pro se party to defend herself, then this party must not be prevented from conducting cross-examination. For as we all know, cross-examination is a critical part of any trial...Mass Rape issue
Discerning a Coercive Environment: What Circumstances of Mass Rape Generate Inherent Compulsion Argument Despite the lack of a definition for...reparations issue
How to Disentangle State Assets from Reparation Funds Argument: Assuming the implementation of a reparations regime pursuant to Article 75 of the...prevention issue
Ambassador Scheffer suggests the adoption of a new protocol allowing for the creation of a type of "snatch team" to deter future violators who are impressed by its " proven record of enforcement of...libya issue
Currently, Seif al-Islam, one of the most important figures in pre-war Libya, remains confined by one of the tribal militias still operating despite multiple pleas by its national government to lay...prevention issue
Economic Sanctions & Capacity Building: Two Approaches to Prevent Atrocities Most Effectively Argument Because the ICC does...