Description
The International Criminal Court (ICC) is the first and only standing international court capable of prosecuting humanity's worst crimes: genocide, war crimes, and crimes against humanity. It faces huge obstacles. It has no police force; it pursues investigations in areas of tremendous turmoil, conflict, and death; it is charged both with trying suspects and with aiding their victims; and it seeks to combine divergent legal traditions in an entirely new international legal mechanism. International law advocates sought to establish a standing international criminal court for more than 150 years. Other, temporary, single-purpose criminal tribunals, truth commissions, and special courts have come and gone, but the ICC is the only permanent inheritor of the Nuremberg legacy. In Building the International Criminal Court, Oberlin College Professor of Politics Ben Schiff analyzes the International Criminal Court, melding historical perspective, international relations theories, and observers' insights to explain the Court's origins, creation, innovations, dynamics, and operational challenges.
Chapter
Law: divine, natural, and positive
International humanitarian and criminal law
World War I and International Criminal Law
World War II and Nuremberg
Institutionalization Interrupted and Restarted
Universal Declaration of Human Rights
International Law Commission and the Nuremberg Principles
Swelling streams of justice
Truth Commissions and "Lustration"
The Old (Retributive) Justice Paradigm
The New (Restorative) Justice Paradigm
Transitional Justice Mechanisms
Dilemmas of Transitional Justice
End of the cold war and resurfacing of interest in an Icc
Explaining the gathering tide
Neoliberal Institutionalists
2 Learning from the Yugoslavia and Rwanda Tribunals
Organization and leadership
Tribunal and Court Structure
Tribunals without Context
Prosecutorial Confusion, Poor Information Management
Cooperation with States and International Institutions
Operational and legal innovations
An Old (Retributive) Justice Paradigm
Tribunals' Evolution: Toward Civil Law and New (Restorative) Justice
Constructivism, realism, neoliberal institutionalism
3 The Statute - Justice versus Sovereignty
Brief negotiating history
The Preamble: sovereignty, perfectibility, and identity
Taking sovereignty seriously
Prosecutor's Independence
Cooperation, Information Sharing, and National Security
Old and new justice paradigms in the statute
Old Justice and General Principles
Rectifying Judicial Process Blindnesses
Appendix 3a: preamble of the rome statute of the international criminal court
Appendix 3b: rome statute crimes
Crimes within the Jurisdiction of the Court
First Assembly of States Parties
Finding a Chief Prosecutor
Protocols for Evaluating Jurisdiction, Admissibility, and Cooperation
A New Vision of Complementarity
A Complementarity Spectrum
ICC Prosecution Innovations
Seek Suspects Most Responsible for Crimes
Pursue Representative Cases of the Greatest Gravity
Aim Toward Efficient Cases through Effective Data Management
Integrate Investigation and Prosecution
Common Law versus Civil Law and the Prosecutor versus Pre-Trial Chambers
Judges Have the Last Word
Implementing the Victim-Orientation Mandate
Victim Participation and Reparations
Coordination and planning
Battling a Split Personality
Strategic Plan for Outreach
OTP Report on Prosecutorial Strategy
5 NGOs - Advocates, Assets, Critics, and Goads
International relations theory and ngos
Growth of ngo involvement
Advocacy, advice, and outreach
Promoting the Rome Statute and Staffing the Court
The ngos and icc operations
Reconciling Divergent Agendas
Ensuring the High Quality of Justice
The evolving ngo-icc relationship
The court's supporters and opponent(s)
Normative Commitments and the Court
U.S. Bilateral Agreements for Immunity
Signs of a Change in U.S. Policy
The U.S. Decision Calculus
Consequences of the U.S. Position for the Court
Clarifying the Mandate - the Trust Fund for Victims
Extending Jurisdiction - Aggression as a Crime
Stateside complementarity: cooperating with the court
The Court's Internal Tensions
Lubanga: War Criminal, Target of Opportunity, Harbinger?
Moving Toward Trial: Victim Participation, Scope of Charges, Defense
PTC I Tries to Light a Fire under the OTP
The central african republic
Other possible situations
8 Conclusions: The Politics of the International Criminal Court
Web Sites for Further and Ongoing Information
Building the International Criminal Court
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