Governing the International Criminal Court : The History and Practice of the Assembly of States Parties to the Rome Statute / Ezequiel Jimenez Martinez.

Format:

Book

Author/Creator:

Martinez, Ezequiel Jimenez, author.

Series:

Human Rights and Humanitarian Law E-Books Online, Collection 2026.

International Criminal Law Series ; 21.

Human Rights and Humanitarian Law E-Books Online, Collection 2026

International Criminal Law Series ; 21

Language:

English

Subjects (All):

Human Rights and Humanitarian Law.

Humanitarian law.

International law.

Physical Description:

1 online resource (446 pages)

Edition:

1st ed.

Other Title:

The History and Practice of the Assembly of States Parties to the Rome Statute

Place of Publication:

Leiden ; Boston : Brill | Nijhoff, 2026.

Language Note:

English

Summary:

Why does the International Criminal Court fall short of expectations? This book contends that the answer lies in the governance role of the Assembly of States Parties, the Court’s central, yet often overlooked, institutional body. Far beyond a diplomatic forum, the Assembly retains a crucial role in electing judges and prosecutors, adopting the budget, amending legal texts, and overseeing cooperation. Based on original research and previously unexamined official documents, it offers the first comprehensive analysis of the Assembly’s history and practice from 2002 to 2021. The book discusses the Assembly in the context of “international judicial governance institution” (injugovin), positioning it within broader debates on international law and global governance. By dissecting the Assembly’s functions, Jimenez Martinez shows how States Parties have collectively shaped, and at times constrained, the Court’s evolution. As such, the book argues that the Court’s challenges are not merely judicial, they are governance problems.

Contents:

Intro

Half Title Page

Series Page

Title Page

Copyright Page

Dedication Page

Contents

Acknowledgements

Chapter 1 Introduction

1 A Statute, a Court and an Assembly of States Parties

2 The Assembly of States Parties as an International Judicial Governance Institution: A Map

3 The Book Outline

Chapter 2 Three Key Moments in the Long History of the Assembly of States Parties to the Rome Statute

1 Introduction

2 A Beginning for an Institution Judiciaire Internationale

3 The 1937 Convention for the Creation of an International Criminal Court

4 The 1943 Draft Convention for the Creation of an International Criminal Court

5 The 1981 Draft Convention on the Establishment of an International Penal Tribunal for the Suppression and Punishment of the Crime of Apartheid and Other International Crimes

6 1989: On the Way to Rome

7 Conclusion

Chapter 3 The Emergence of the Assembly of States Parties to the Rome Statute (1990-1998)

2 1990-1994: The Work of the International Law Commission

2.1 The International Law Commission 1994 Draft Statute

3 1995: The Sessions of the Ad Hoc Committee on the Establishment of an International Criminal Court

4 1996: The First and Second Sessions of the Preparatory Committee on the Establishment of an International Criminal Court

5 1997: The Third, Fourth, and Fifth Sessions of the Preparatory Committee on the Establishment of an International Criminal Court

6 1998: The Zutphen Draft

7 1998: The Sixth Session of the Preparatory Committee on the Establishment of an International Criminal Court

8 Governance and Management Oversight: Establishment and Membership of the Assembly of States Parties

9 Governance and Management Oversight: Responsibilities of the Assembly of States Parties

10 Enforcement of Cooperation.

11 Financial Oversight

12 Conclusion

Chapter 4 The Birth of the Assembly of States Parties to the Rome Statute

2 1998: The United Nations Diplomatic Conference of Plenipotentiaries on the Establishment of an International Criminal Court

2.1 Arriving in Rome: Context and Key Actors

2.2 The Organization of Article 102 Negotiations

2.3 The Pending Issues and Timeline of Article 102 Negotiations

2.4 The First Hurdle of Article 102 Negotiations: A General Agreement (29 June-9 July)

2.4.1 The 18th Meeting of the Committee of the Whole (29 June)

2.4.2 The First Coordinator's Recommendation Report (2-3 July)

2.4.3 The 24th Meeting of the Committee of the Whole (6 July)

2.4.4 The Second Coordinator's Recommendation Report (8 July) and the 30th Meeting of the Committee of the Whole (9 July)

2.5 The Second Hurdle of Article 102 Negotiations: Non-Cooperation and Final Approval (10-17 July)

3 1999-2002: The Preparatory Commission for the International Criminal Court

3.1 The Preparatory Commission's Work Programme

3.2 The Rules of Procedure and Evidence and the Elements of Crimes

3.3 The Agreement on Privileges and Immunities

3.4 The Court-United Nations Relationship Agreement

3.5 The Basic Principles for the Headquarter Agreement

3.6 The Financial Regulations and Rules and the Budget for the First Financial Year

3.7 The Rules of Procedure of the Assembly of States Parties

4 2002: Setting Up the Assembly of States Parties

5 Conclusion

Chapter 5 The Practice of the Assembly of States Parties: Governance and Management Oversight

2 Becoming the Institution: The First Assembly of States Parties (2002)

2.1 Becoming a Court: The First Resumed Session (February 2003)

2.2 Completing the Court: The Second Resumed Session (April 2003).

3 Governance and Management Oversight Practice (2002-2021)

3.1 Governance Structure

3.1.1 Membership and Universality

3.1.2 Rules of Procedure

3.1.3 Meetings of the Assembly

3.1.4 Election of the President, Vice-Presidents and Bureau

3.1.5 Organization of the Bureau

3.1.6 Subsidiary Bodies

3.1.7 Decision-making in the Assembly and Bureau

3.1.8 Settlement of Disputes

3.1.9 Article 112(2)(g): Political Support?

3.1.10 Permanent Secretariat of the Assembly

4 Relationship Agreement with the United Nations and Host State

5 Management Oversight of Elected Officials

6 Conclusion

Chapter 6 The Practice of the Assembly of States Parties: Election, Disciplinary Measures and Removal of Court Officials

2 Election of Court Officials Practice (2002-2021)

2.1 Election of Judges

2.2 Election of the Prosecutor and Deputy Prosecutor

2.3 Election of the Registrar

3 Disciplinary Measures and Removal of Judges, Prosecutor and Deputy Prosecutor

4 Conclusion

Chapter 7 The Practice of the Assembly of States Parties: Financial Oversight

2 Financial Oversight Practice (2002-2021)

2.1 Balancing Financial Practices and the External Context

2.2 States and Budget in Arrears

2.3 United Nations Security Council Non-Payment

3 Conclusion

Chapter 8 The Practice of the Assembly of States Parties: Enforcement of Cooperation

2 Enforcement of Cooperation Practice (2002-2021)

2.1 Assembly Non-Cooperation Procedures and Toolkit

2.2 Referrals to the Assembly

Chapter 9 The Practice of the Assembly of States Parties: Auxiliary Judicial Instruments Oversight, Statute Amendments and Review

2 Auxiliary Judicial Instruments Oversight Practice (2002-2021)

2.1 Elements of Crimes.

2.2 Staff Regulations, Rules and Gratis Personnel

2.3 Rules of Procedure and Evidence

2.3.1 The 12th Assembly of States Parties: Rules 68, 100, 134bis, 134ter, and 134quater

2.3.2 The 15th Assembly of States Parties: Rules 101, 144 and Provisional Rule 165

2.4 Regulations of the Court

2.5 Trust Fund for Victims

3 Statute Amendments and Review Practice (2002-2021)

3.1 The 2010 Kampala and 2019 Starvation Amendments

3.2 The Independent Expert Review Report and Process

Chapter 10 Conclusion: Towards Unity in Governance?

Bibliography

Primary Sources

Treaties

Case Law

International Criminal Court

International Labour Organization Administrative Tribunal

Secondary Sources

Books

Journal Articles

Book Chapters

Reports

Index.

Notes:

Includes bibliographical references and index.

Description based on publisher supplied metadata and other sources.

Description based on print version record.

ISBN:

90-04-74997-7

9789004749979

OCLC:

1559923249

Publisher Number:

10.1163/9789004749979 DOI