Contemporary issues facing the International Criminal Court / edited by Richard H. Steinberg ; foreword by Fatou B. Bensouda.

Format:

Book

Contributor:

Steinberg, Richard H., 1960- editor.

Language:

English

Subjects (All):

Criminal jurisdiction.

International Criminal Court.

Physical Description:

1 online resource (495 p.)

Edition:

1st ed.

Place of Publication:

Leiden, Netherlands ; Boston, Massachusetts : Brill Nijhoff, [2016]

Language Note:

English

Summary:

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 Richard H. Steinberg is Professor of Law and Political Science at the University of California (Los Angeles), and Editor-in-Chief of www.ICCforum.com, a collaboration with the Office of the Prosecutor of the International Criminal Court. Fatou B. Bensouda, who wrote the foreword, is Prosecutor of the International Criminal Court.

Contents:

Preliminary Material / Richard H. Steinberg

Introduction to Part 1 / 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

The ICC Should Not Accept the Palestinian Declaration as that of a State / Yaël Ronen

Introduction to Part 2 / Richard H. Steinberg

The Impact of the Genocide Convention on the Obligation to Implement ICC Arrest Warrants / 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 Schabas

State “Cooperation Issues” in Arresting Al Bashir / Göran Sluiter

Introduction to Part 3 / 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 Cowdery AM QC

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

Introduction to Part 4 / 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 International Criminal Court Depends Upon its Credibility and the Support it Receives from Governments and Especially those of States Parties to the Rome Treaty / Richard Goldstone

Maximizing Opportunities to Deter Further Atrocity Crimes / Ambassador David Scheffer

Introduction to to Part 5 / 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.

Notes:

Description based upon print version of record.

Includes bibliographical references and index.

Description based on print version record.

ISBN:

90-04-30445-2

OCLC:

933866571

Publisher Number:

10.1163/9789004304451 DOI