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The Elgar Companion to the International Criminal Court
This comprehensive Companion examines the achievements and challenges of the International Criminal Court (ICC), the world’s first permanent international criminal tribunal. It provides an overview of the first two decades of the ICC’s existence, investigating the dominant narratives and counter-narratives that have emerged about the institution and its work.
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Critical Acclaim
Contributors
Contents
More Information
This comprehensive Companion examines the achievements and challenges of the International Criminal Court (ICC), the world’s first permanent international criminal tribunal. It provides an overview of the first two decades of the ICC’s existence, investigating the dominant narratives and counter-narratives that have emerged about the institution and its work.
In this timely work, an international team of scholars and experts evaluate the ICC’s actual and potential role in the world by exploring some of the central issues related to its creation, mandate, and operations. Chapters address topics ranging from the negotiation dynamics surrounding the drafting of the Rome Statute, to the roles of the Office of the Prosecutor, judges, defence and victims, as well as key controversies around peace and justice, selectivity of cases and situations, and gender-sensitivity.
This Companion is critical reading for scholars, students and practitioners of international criminal law. Its mixture of theoretical perspectives and case study analysis will also be of interest to those studying and working in global justice and international law more broadly, including in transitional justice, human rights law, public international law and international relations.
In this timely work, an international team of scholars and experts evaluate the ICC’s actual and potential role in the world by exploring some of the central issues related to its creation, mandate, and operations. Chapters address topics ranging from the negotiation dynamics surrounding the drafting of the Rome Statute, to the roles of the Office of the Prosecutor, judges, defence and victims, as well as key controversies around peace and justice, selectivity of cases and situations, and gender-sensitivity.
This Companion is critical reading for scholars, students and practitioners of international criminal law. Its mixture of theoretical perspectives and case study analysis will also be of interest to those studying and working in global justice and international law more broadly, including in transitional justice, human rights law, public international law and international relations.
Critical Acclaim
‘I sometimes wonder who, other than an eager reviewer, reads a collection like this from cover to cover. It would, however, be fair to say that in this instance the editors made a good job selecting their contributors and, unlike many collective works, there is not a weak one in the bunch. So, if you want to get your head around the formation of the Court and the current issues, this is an excellent read.’
– Roger S Clark, Criminal Law Forum
‘This book is a very welcome contribution to scholarship on the International Criminal Court (ICC). It contextualises the ICC and discusses its role in developing international criminal law. After almost two decades of practice, this is a good time to take stock and evaluate the Court’s performance and impact. The editors can be credited for selecting an excellent line-up of authors who take novel perspectives and angles that deepen our knowledge of the ICC and its engagement with domestic jurisdictions, general international law and the wider world of international diplomacy. The book is an essential guide for policymakers, legal practitioners and scholars interested in human rights and international criminal justice.’
– Elies van Sliedregt, University of Leeds, UK
‘Though created so that the most serious crimes “not go unpunished”, the ICC has been able to punish only a few. In this book, leading international justice experts explore the court’s legal, political, and practical limitations, and suggest how it might better define its mission to gain the cooperation and support needed to succeed.’
– Stephen J. Rapp, former US Ambassador-at-Large for Global Criminal Justice
‘Professors Margaret M. deGuzman and Valerie Oosterveld have masterfully orchestrated a fresh examination of the International Criminal Court in this impressive collection of chapters by distinguished scholars who provide the insight and depth of understanding that rarely occur in the literature. This book will stand for a long time as an essential treatise for every scholar, practitioner, and civil society advocate of the Court.’
– David Scheffer, Northwestern University Pritzker School of Law, US and former US Ambassador
‘In this important publication, the issues facing the International Criminal Court are impressively analysed by recognised experts in the field of international criminal law. The topics range from the establishment of the Court to its mission; the selection of situations and cases; and the strengths and weaknesses of the Rome Statute system. The Elgar Companion to the International Criminal Court is essential reading and an indispensable resource for anyone interested in international criminal justice.’
– The Hon. Richard Goldstone, former Chief Prosecutor of the International Criminal Tribunal for the Former Yugoslavia and former Justice of the Constitutional Court of South Africa
– Roger S Clark, Criminal Law Forum
‘This book is a very welcome contribution to scholarship on the International Criminal Court (ICC). It contextualises the ICC and discusses its role in developing international criminal law. After almost two decades of practice, this is a good time to take stock and evaluate the Court’s performance and impact. The editors can be credited for selecting an excellent line-up of authors who take novel perspectives and angles that deepen our knowledge of the ICC and its engagement with domestic jurisdictions, general international law and the wider world of international diplomacy. The book is an essential guide for policymakers, legal practitioners and scholars interested in human rights and international criminal justice.’
– Elies van Sliedregt, University of Leeds, UK
‘Though created so that the most serious crimes “not go unpunished”, the ICC has been able to punish only a few. In this book, leading international justice experts explore the court’s legal, political, and practical limitations, and suggest how it might better define its mission to gain the cooperation and support needed to succeed.’
– Stephen J. Rapp, former US Ambassador-at-Large for Global Criminal Justice
‘Professors Margaret M. deGuzman and Valerie Oosterveld have masterfully orchestrated a fresh examination of the International Criminal Court in this impressive collection of chapters by distinguished scholars who provide the insight and depth of understanding that rarely occur in the literature. This book will stand for a long time as an essential treatise for every scholar, practitioner, and civil society advocate of the Court.’
– David Scheffer, Northwestern University Pritzker School of Law, US and former US Ambassador
‘In this important publication, the issues facing the International Criminal Court are impressively analysed by recognised experts in the field of international criminal law. The topics range from the establishment of the Court to its mission; the selection of situations and cases; and the strengths and weaknesses of the Rome Statute system. The Elgar Companion to the International Criminal Court is essential reading and an indispensable resource for anyone interested in international criminal justice.’
– The Hon. Richard Goldstone, former Chief Prosecutor of the International Criminal Tribunal for the Former Yugoslavia and former Justice of the Constitutional Court of South Africa
Contributors
Contributors: L. Chappell, M.M. deGuzman, M.A. Drumbl, Y.M. Dutton, A.K.A. Greenawalt, R. Grey, R.J. Hamilton, M. Kersten, A.G. Kiyani, F. Mégret, S. Mohamed, J. O’Donohue, V. Oosterveld, R. Rastan, L.N. Sadat, W. Schabas, J. Trahan, S. Wharton
Contents
Contents:
Introduction: narratives and counter-narratives of the International Criminal Court x
PART I THE ESTABLISHMENT OF THE ICC
1 The dynamics of the Rome Conference 3
William A. Schabas
2 The Rome Conference: institutional design and the constraints of diplomacy 20
Frédéric Mégret
PART II INTERPRETING AND APPLYING THE ROME STATUTE
3 Contestation and inevitability in the crimes of the International Criminal Court 49
Saira Mohamed
4 Admissibility as a theory of international criminal law 62
Alexander K. A. Greenawalt
5 Heads of state and other government officials before the International
Criminal Court: the uneasy revolution continues 96
Leila Nadya Sadat
6 Penalties and punishment 128
Mark A. Drumbl
7 Can the ICC function without state compliance? 147
Rod Rastan
PART III ICC IN ACTION
8 Taking the opportunity: prosecutorial opportunism and the International
Criminal Court 181
Mark Kersten
9 Judges, the registry, and defence counsel 204
Sara Wharton
10 The Assembly of States Parties 231
Jennifer Trahan
11 Africa, the Court, and the Council 261
Rebecca J. Hamilton
PART IV MAJOR CONTROVERSIES
12 Peace and justice 280
Yvonne M. Dutton
13 Re-narrating selectivity 307
Asad G. Kiyani
14 Human rights compliance 334
Jonathan O’Donohue
15 Re-writing sex and gender in international criminal law 363
Rosemary Grey and Louise Chappell
16 Mission uncertain: what communities does the ICC serve? 387
Margaret M. deGuzman
Index 408
Introduction: narratives and counter-narratives of the International Criminal Court x
PART I THE ESTABLISHMENT OF THE ICC
1 The dynamics of the Rome Conference 3
William A. Schabas
2 The Rome Conference: institutional design and the constraints of diplomacy 20
Frédéric Mégret
PART II INTERPRETING AND APPLYING THE ROME STATUTE
3 Contestation and inevitability in the crimes of the International Criminal Court 49
Saira Mohamed
4 Admissibility as a theory of international criminal law 62
Alexander K. A. Greenawalt
5 Heads of state and other government officials before the International
Criminal Court: the uneasy revolution continues 96
Leila Nadya Sadat
6 Penalties and punishment 128
Mark A. Drumbl
7 Can the ICC function without state compliance? 147
Rod Rastan
PART III ICC IN ACTION
8 Taking the opportunity: prosecutorial opportunism and the International
Criminal Court 181
Mark Kersten
9 Judges, the registry, and defence counsel 204
Sara Wharton
10 The Assembly of States Parties 231
Jennifer Trahan
11 Africa, the Court, and the Council 261
Rebecca J. Hamilton
PART IV MAJOR CONTROVERSIES
12 Peace and justice 280
Yvonne M. Dutton
13 Re-narrating selectivity 307
Asad G. Kiyani
14 Human rights compliance 334
Jonathan O’Donohue
15 Re-writing sex and gender in international criminal law 363
Rosemary Grey and Louise Chappell
16 Mission uncertain: what communities does the ICC serve? 387
Margaret M. deGuzman
Index 408
