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The Elgar Companion to the International Criminal Court

The Elgar Companion to the International Criminal Court

Author: Margaret M. deGuzman; Valerie Oosterveld
Publisher: Edward Elgar Publishing
ISBN: 9781785368226
Published In: December 2020
Format: Hardback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only

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Contents

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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.

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