abdulazizmeslat:
A Critical Legal Opinion on Political Considerations in ICC Prosecution Decisions
The question of whether—and to what extent—prosecutorial discretion at the International Criminal Court (ICC) should accommodate political considerations is one of the most contentious and theoretically rich debates in contemporary international criminal law. It sits at the intersection of law, politics, and morality, and its resolution has profound implications for the legitimacy,...(more)
Taku:The targeting of Africa by the ICC during its close to two decades of existence was inappropriate. The criticism that the exclusive targeting of Africa was a subterfuge by former colonial powers to recolonise Africa through international criminal justice at the ICC was not without merit. The EU-ACP Cotonou Agreement conditionality on ICC memberships for EU cooperation assistance was condescending and tantamounted to economic and political blackmail. The ICC did not represent the face of the...(more)
BellaSalcin:
The
Rome Statute
Attempted to Remedy Previous
Ad Hoc
Tribunals’ Impingement of Sovereignty: Did it Succeed?
I.
Introduction
The International Criminal Court (ICC), a permanent international court tasked with investigating and prosecuting grave “crimes of international concern” committed by individuals, entered into force when the
Rome Statute
was ratified by...(more)
Sara Strama:
What Can the
Al Mahdi
Case Tell Us About the
ICC
as a Political Actor and Whether the
ICC
Can Reconcile That with Its Judicial Nature?
I.
Introduction
The International Criminal Court (ICC) suffers from a crisis of legitimacy and appeal; in more than two decades of operation, there have been few achievements. It is enough to consider some numbers: 31 trials, 4 acquittals, 10...(more)
Emily Robbins:
ICC
as an Unwitting Political Instrument: How African Leaders Have Used the
ICC
for Their Political Gain
I.
Introduction
Since entering into force on July 1, 2002 the International Criminal Court (ICC) has strived to end impunity by bringing justice to the victims of the world’s worst crimes. These crimes are the crime of aggression, war crimes, crimes against humanity, and genocide.1
The...(more)
Gia Song:
The Politicization of Case Selection at the International Criminal Court: A Chinese Perspective
I.
Introduction
The International Criminal Court (ICC), established under the
Rome Statute,
has the objective of ending impunity for those responsible for the gravest crimes of international concern, including genocide, war crimes, and crimes against humanity. Despite the
ICC’s
assertion that...(more)
Max Kremser:
How Have the African Unions Policies Opposed the
ICC, and to What Extent Were They Successful in Impacting the Institution?
The International Criminal Court (ICC) was founded in 2002 as the first permanent international court to prosecute individuals for genocide, war crimes, crimes against humanity and the crime of aggression.1
Its creation was driven by the international community’s growing recognition of the need to address impunity for...(more)
MarieTomavo:
Legitimacy: How the
ICC
Can Maintain Its Legitimacy While Dealing With Political Pressures From Powerful Actors?
I.
Introduction
According to the International Criminal Court (ICC) website, the
ICC
is an independent court that is not subject to political control, “its decisions are based on legal criteria and rendered by impartial judges in accordance with the provisions of its founding treaty,...(more)
JJSears:
Does Maximizing Deterrence Require that the
ICC
Ignore Political Considerations?
Introduction
The
Preamble
to the
Rome Statute
identifies the deterrence of atrocities as the constitutive aim of the International Criminal Court (ICC),1
and emphasis on the importance of this function has only grown larger since the constitution of the
ICC.2
Yet, disagreement abounds about...(more)
Vanessa Vanegas:
Constructive Politicization: The
ICC’s
Role in Colombia’s Peace Process
I.
Introduction
The International Criminal Court (ICC), conceived under the
Rome Statute
to prosecute perpetrators responsible for the most serious crimes of international concern,1
is the first permanent international criminal tribunal. Committed to impartiality, it positions itself as an independent and...(more)
Holly Duffy:
The People are Waiting for Justice: Impunity and International Rule of Law
Introduction
I am responding to the question of whether the International Criminal Court (ICC) is a political institution from the Twenty-third Session of the Assembly of State Parties (ASP) in The Hague, Netherlands, where approximately 124 member states, in addition to invited non-member states, and numerous non-governmental organizations (NGOs) gather each year for just...(more)
Benjamin Zaghi:
Hypothesis: The International Criminal Court Judges Are Influenced by the States that Appointed Them
The International Criminal Court (ICC) was founded on July 1, 2002, becoming
[T]he first permanent, treaty-based international criminal court established to help end impunity for the perpetrators of the most serious crimes of concern to the international community.1
The
ICC
is “[g]overned by an...(more)
Elisabeth VT:
Room for Prosecutorial Political Considerations Within the
Rome Statute: An Instrumental Use of the “Interests of Justice”
I.
Introduction
The International Criminal Court (ICC) was established with the purpose of serving as a purely legal institution capable of successfully prosecuting and deterring the most heinous atrocities.1
This goal has proved ambitious: the
ICC, being an international...(more)
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