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Contemporary Issues Facing the International Criminal Court

Contemporary Issues Facing the International Criminal Court

Name: Contemporary Issues Facing the International Criminal Court
Brand: Brill Nijhoff
SKU: 9789004304444
Price: 2447.20 HKD
Availability: InStock
Author: Richard H. Steinberg
ISBN: 9789004304444

By Richard H. Steinberg

Brill Nijhoff April 2016

Specifications

ISBN-13: 9789004304444
Publisher: Brill Nijhoff
Publication: April 2016
Format: Hardback
Jurisdiction: Netherlands ? Countri(es) for reference only

Details

Contemporary Issues Facing the International Criminal Court is a collection of essays by prominent international criminal law commentators, responsive to questions of interest to the Office of the Prosecutor of the International Criminal Court.

Topics include:

Jurisdiction: The 2008-2009 Gaza Issue
The Obligation to Arrest in the Darfur Context
Appropriate Limitations on Oversight
The ICC and Prevention of Crimes
Reparations
Proving Mass Rape
Focus on Africa: Is the ICC Biased?
Increasing Rates of Apprehension and Arrest

Acknowledgements

Foreword Fatou B. Bensouda

Preface Richard H. Steinberg

Contributors

Abbreviations

Part I. Jurisdiction: The 2008-2009 Gaza Issue

Introduction to the 2008-2009 Gaza Jurisdiction Issue Richard H. Steinberg

No Jurisdictional Basis for an Investigation Pursuant to the Palestinian Declaration George P. Fletcher

Press Releases, Not Arrest Warrants: Interpreting the ICC Prosecutor’s Moves in Relation to the Gaza Situation Marlies Glasius

Palestine and the International Criminal Court: Asking the Right Question Michael Kearney

Palestine is a State so the Consent Declaration is a Valid Basis for Investigation by the ICC John Quigley

Statehood and Recognition: Not a Matter for the ICC Prosecutor Yaël Ronen

Part II. Obligation to Arrest: The Darfur Issue

Introduction: The Obligation to Arrest in the Darfur Context Richard H. Steinberg

The Genocide Convention Provides an Alternative Basis for the Obligation to Arrest Al Bashir Dapo Akande

Head of State Immunity as a Bar to Arrest Paola Gaeta

Closing the “Impunity Gap” and the Role of State Support of the ICC Makau W. Mutua

State Obligations in Implementing Arrest Warrants William A. Schabas

State “Cooperation Issues” in Arresting Al Bashir Göran Sluiter

Part III. The Oversight Issue

Introduction to the Oversight Issue Richard H. Steinberg

The Proposed Independent Oversight Mechanism for the International Criminal Court José E. Alvarez

The Independent Oversight Mechanism Does Not Have Authority to Investigate and Decide Alleged Misconduct by Staff in the Office of the Prosecutor Nicholas Richard Cowdery

The Role of the Assembly of States Parties for the ICC Max du Plessis and Christopher Gevers

Establishing a Transparent and Effective Oversight Machinery and the Need for Constructive Dialogue Between the Assembly, Court Officials, and Civil Society Akbar Khan

A Reasonable Request: Requiring Prosecutor Authorization Prior to Any Investigation by the Independent Oversight Mechanism Harmen Van der Wilt

Part IV. Deterrence: The Prevention Issue

Introduction to the Prevention Issue: Enhancing Deterrence Richard H. Steinberg

The ICC Would Increase Its Prevention Ability If the Prosecutor’s Discretion Were More Visibly Limited Kenneth Anderson

The Court Should Avoid All Considerations of Deterrence and Instead Focus on Creating a Credible and Legitimate Normative Environment in which Serious Crimes Are Not Tolerated Tomer Broude

Maximizing the ICC's Crime Prevention Impact Through Positive Complementarity and Hard-nosed Diplomacy William W. Burke-White

The Crime Prevention Potential of the ICC Depends Upon its Credibility and the Support it Receives from Governments and States Parties to the Rome Treaty Richard J.Goldstone

Maximizing Opportunities to Deter Further Atrocity Crimes Ambassador David Scheffer

Part V. The Reparations Issue

Introduction to the Reparations Issue Richard H. Steinberg

Victims’ Rights and Participation in ICC Proceedings and in Emerging Customary International Law M. Cherif Bassiouni

The ICC Should Avoid Paternalistic or Bureaucratic Approaches to Determining Victims' Needs and Wants and Should Award Reparations to Promote Victims' Dignity and Agency Carla Ferstman

Reparations in the Wake of Atrocities: A Plan for Encouraging Participation by Governments Saul Levmore

Reparations Before the ICC: the Need for Pragmatism and Creativity Frédéric Mégret

A Minimalist Reparations Regime for the International Criminal Court Eric A. Posner

Part VI. Proof: The Mass Rape Issue

Introduction: Proving Mass Rape Richard H. Steinberg

Can the ICC Sustain a Conviction for the Underlying Crime of Mass Rape without Testimony from Victims? Kelly Dawn Askin

Cases of Mass Sexual Violence Can Be Proven Without Direct Victim Testimony Anne-Marie de Brouwer

The Use of Sample Survey Interviews as Evidence of Mass Rape John Hagan

ICC Prosecution of Mass Rape Crimes Will Require Some Evidence from Victims, but the Hardship of Testifying can be Mitigated Ruth Wedgwood

Part VII. Bias? The Africa Issue

Introduction to the Africa Issue: Is the ICC Biased? Richard H. Steinberg

The Inevitable Practice of the Office of the Prosecutor M. Cherif Bassiouni and Douglass Hansen

Is the ICC Targeting Africa Inappropriately or is it Justified? Kamari Maxine Clarke

Is the ICC Targeting Africa Inappropriately?: A Moral, Legal and Sociological Assessment Margaret M. deGuzman

International Politics and Policy Considerations for the Inappropriate Targeting of Africa by the ICC OTP Chief Charles Achaleke Taku

The Institutional Framework of the Office of the Prosecutor, Legitimacy, and Overcoming Bias Allegations Jessica Peake

Is the ICC’s Exclusively African Case Docket a Legitimate and Appropriate Intervention or an Unfair Targeting of Africans? Abdul Tejan-Cole

Part VIII. The Arrest Issue

Introduction to the Arrest Issue Richard H. Steinberg

ICC Fugitives: The Need for Bespoke Solutions Beth Van Schaak

Ramping Up Strategies for the ICC Arrests: A Few Lessons Learned Richard Dicker

Some Reflections on Securing the Arrest of ICC Fugitives Cedric Ryngaert

Pollyannas Need Not Apply: International Justice is, to a Certain Extent, Political Justice Tom Parker

The Prosecutor May Increase Rates in the Apprehension of Suspects and Therefore Secure Higher Levels of Judicial Enforcement by Appreciating and Capitalizing on her Political Role and the Realities Surrounding It Nadia Banteka

Index

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