suzgo:While I agree with the proposal by Prof Sluiter that the ASP must utilise its powers to sanction non cooperating states through the mechanisms provided for under article 112 of the statute, I still believe that for that to work the whole ICC framework on cooperation has to change.
Prof Sluiter's proposal takes into account the challenges of cooperation by contracting States, leaving out non-contracting states. The Al Bashir cases have shown that non-contracting states to the Statute are also on...(more)
Erin French:
Delivering
Justice
in the Next Ten Years: The
ICC
and its Compatibility with Alternative Justice Mechanisms
Introduction
The International Criminal Court (ICC) is premised on the idea that there are universal wrongs that transcend sovereign borders, yet it has faced criticism for its narrow approach to delivering
justice
with a criminal trial. Critics argue international...(more)
Cyprien Fluzin:
Twenty Years After its Birth, it is Necessary for the International Criminal Court to Effectively Address Transnational Corporations’ Involvement in International Crimes
Introduction
The International Criminal Court will soon be celebrating the twentieth anniversary of the adoption of the
Rome Statute
on July 17, 1998. The creation of the Court was the result of a longstanding project, born in the aftermath of...(more)
Morgan Thompson:
Positive Complementarity will Advance the Objectives of International Justice more Effectively than ICC Prosecutions in The Hague.
Introduction
Positive complementarity will advance the objectives of international justice more effectively than International Criminal Court (ICC) prosecutions in The Hague. To maximize its effectiveness in the prevention of crimes, the
ICC
should encourage and assist States Parties to...(more)
Nick Baltaxe:
The
ICC
and Deterrence: How the
ICC
can Improve its Deterrence Efforts Through Creating More Realistic Threats of Enforcement
Summary
The
Rome Statute’s
Preamble
sets forth goals that the
ICC
and its signatories have for the future. Although one of the primary goals is to ensure that the crimes under the
ICC’s...(more)
lgiles:
The Future of Self-Referrals to the
ICC: A Path to Greater Legitimacy with State Parties and the International Community
As a consequence of complementarity the number of cases that reach the court should not be a measure of its efficiency. On the contrary, the absence of trials before this court, as a consequence of the regular functioning of national institutions, would be a major success.1—Luis Moreno Ocampo...(more)
miltonlaw:
The International Criminal Court and Positive Complementarity—ASP
Institutional Framework
Summary
The literature of the law has been slow to develop and present the evolving themes of positive complementarity. This comment seeks to establish how the legal and institutional framework for positive complementarity may be effectively implemented. It is argued that the existing legal and institutional framework in respect of the...(more)
Leeran:
Preventive and Creative Outreach Programs in the International Criminal Court’s Future
I.
Introduction
On July 17, 2018, the International Criminal Court (ICC) will celebrate its twentieth anniversary. Since its inception, the
ICC
has made substantial efforts to further its goal of providing justice to victims of horrible atrocities. The
ICC
operates based on the principle...(more)
knturner1991:
Lessons for the Future: Taking Proactive Complementarity Seriously
As a consequence of complementarity, the number of cases that reach the Court should not be a measure of its efficiency. On the contrary, the absence of trials before this Court, as a consequence of the regular functioning of national institutions, would be a major success.1
The International Criminal Court (ICC) was created as a permanent institution with the explicit...(more)
Daniel Aspinwall:
Ten Years Hence
I.
Introduction
Over the next ten years, the central battle for the International Criminal Court will be the battle for legitimacy. An institution is considered
legitimate:
[W]hen it is perceived as having the right or the authority to make decisions and when its decisions are viewed as worthy of respect or obedience.1
Unless a court possesses its own army,...(more)
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