Chapter 13 The Role of the Assembly of States Parties for the icc

In: Contemporary Issues Facing the International Criminal Court
Authors:
Max Du Plessis
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Christopher Gevers
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In what might be seen as a self-serving disclaimer, may we suggest that the question posed in this Forum is a difficult one? The note will argue that the question (or perhaps more accurately the answer thereto) is not about balancing the independence of the Court with the asp, but rather about the role of that body within the Court. The argument made here is that the Independent Oversight Mechanism (iom) debate cannot be seen in isolation. Nor can it be considered as merely a question of administrative functions. Rather, it must be situated within the broader question and possible future debate over the role of the asp. For many African states that role implicates broader (and deeper) questions about the asp as a possible political counterpoint to the un Security Council.

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