Chapter 14
In: Contemporary Issues Facing the International Criminal Court
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What is the proper balance between the independence of the International Criminal Court and the oversight role of the Assembly of States Parties regarding the Court’s administration is still a work in progress and will continue to remain so until the functions envisioned under Article 112 are fully activated. However, it is important for the Assembly to articulate fully what it expects to achieve by implementing the full range of oversight functions envisioned under Article 112. In doing so, a constructive dialog should be established between the Court, the Assembly, and civil society to determine how best to achieve and implement a transparent and effective oversight machinery that strengthens governance, is developed in the best interests of the Court, and which respects judicial and prosecutorial independence while serving as a key defense to the Court when challenged by its critics that it is an institution without any adequate checks and balances.