The International Criminal Court: Contemporary Challenges and Reform Proposals
Editor:
The International Criminal Court: Contemporary Challenges and Reform Proposals 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:
- Sexual and Gender-Based Violence: Obtaining Evidence
- Outreach: Challenges Communicating with Victims, Witnesses, and Others
- ICC State Party Withdrawals
- Measuring the ICC’s Performance
- The Crime of Aggression: Scope and Anticipated Difficulties
- The Rome Statute at Twenty: Reform Proposals
Topics include:
- Sexual and Gender-Based Violence: Obtaining Evidence
- Outreach: Challenges Communicating with Victims, Witnesses, and Others
- ICC State Party Withdrawals
- Measuring the ICC’s Performance
- The Crime of Aggression: Scope and Anticipated Difficulties
- The Rome Statute at Twenty: Reform Proposals
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Richard H. Steinberg, J.D., Ph.D. (1992), Stanford University, is Professor of Law and Political Science at the University of California (Los Angeles), and founding Editor-in-Chief of www.ICCforum.com, a collaboration with the Office of the Prosecutor of the International Criminal Court.
Fatou B. Bensouda is Prosecutor of the International Criminal Court.
Fatou B. Bensouda is Prosecutor of the International Criminal Court.
Acknowledgements
Foreword
Fatou B. Bensouda
Preface
Richard H. Steinberg
Notes on Contributors
List of Abbreviations
Introduction to Part 1: The Challenge of Obtaining Evidence in SGBV Cases
Richard H. Steinberg
1 New Institutions to Support First Responders
Alex Whiting
2 Securing Cooperation by Redefining It
Christian De Vos and Betsy Apple
3 Improving NGO and IGO Capacity to Gather Evidence
Susana SaCouto
4 Securing Improved Cooperation
Kim Thuy Seelinger
Introduction to Part 2: The Outreach Challenge
Richard H. Steinberg
5 States Must Support the ICC’s Use of Technology for Outreach
Alison Cole
6 Formal and Informal Human Rights Communication and Teaching
Francisco O. Ramirez
7 Localizing Outreach
Patrick Vinck and Phuong N. Pham
8 Practical Strategies
Christopher and Olga Werby
Introduction to Part 3: The Issue of State Party Withdrawal
Richard H. Steinberg
9 Concerning the ICC Withdrawal Problem
M. Cherif Bassiouni
10 African Withdrawals and Structural Inequities
Kamari Maxine Clarke
11 A Court Worth Having: Defending the Integrity of the Rome Statute
Richard Dicker
12 Three Realities about the Africa Situation at the ICC
David Scheffer
Introduction to Part 4: The Performance Issue and Metrics of Success
Richard H. Steinberg
13 Methodologies and Design of Performance Indicators
Geoff Dancy
14 Empirical Analysis of the Tradeoff Between Conflict Termination and Atrocity Deterrence
Daniel Krcmaric
15 Assessing Performance in Context
Gabrielle Louise McIntyre
16 The Limited Utility of the ICC’s Performance Indicators
Yuval Shany
17 Performance Indicators: A Double-Edged Sword
Carsten Stahn
Introduction to Part 5: The Crime of Aggression Issue
Richard H. Steinberg
18 Understanding the Aggression Amendments
Dapo Akande
19 Difficulties Not to be Underestimated
Benoit D’Aboville
20 Three Difficult Problems
Yoram Dinstein
21 The Crime of Aggression: Definition, Jurisdiction, and Scope of Application
Donald M. Ferencz
22 Not Undermining the Use of Force Legal Framework
Tom Ruys
23 The Crime of Aggression and the Responsibility to Protect
Sarah Sewall
Introduction to Part 6: Reform Proposals
Richard H. Steinberg
24 Reforms to Reduce Costs and Increase Efficiency
William Schabas
25 Building Support Through Enhanced Cooperation, Outreach, and Knowledge-Sharing
Adama Dieng
26 Returning to Customary Law
Fausto Pocar
27 Reforms to Enhance State Cooperation and Address Witness Interference
Goran Sluiter
28 Improving Investigative, Arrest, and Prosecution Strategies
Richard Dicker
29 Meeting Challenges: Politics, Trial Processes, and Early Judicial Work
Leila Sadat
30 Focusing on Core Messages and Human Rights
Carla Ferstman
31 Peace Negotiations as “Interests of Justice”
Dapo Akande and Talita de Souza Dias
32 Reflections on the ICC’s Relationship with the United Nations and Regional Courts
Bing Bing Jia
33 Improving Communication with Non-states Parties
David Scheffer
Index
Foreword
Fatou B. Bensouda
Preface
Richard H. Steinberg
Notes on Contributors
List of Abbreviations
Part 1: Sexual and Gender-Based Violence: Cooperation in Obtaining Evidence
Introduction to Part 1: The Challenge of Obtaining Evidence in SGBV Cases
Richard H. Steinberg
1 New Institutions to Support First Responders
Alex Whiting
2 Securing Cooperation by Redefining It
Christian De Vos and Betsy Apple
3 Improving NGO and IGO Capacity to Gather Evidence
Susana SaCouto
4 Securing Improved Cooperation
Kim Thuy Seelinger
Part 2: Outreach: Challenges Communicating with Victims, Witnesses, and Other Stakeholders
Introduction to Part 2: The Outreach Challenge
Richard H. Steinberg
5 States Must Support the ICC’s Use of Technology for Outreach
Alison Cole
6 Formal and Informal Human Rights Communication and Teaching
Francisco O. Ramirez
7 Localizing Outreach
Patrick Vinck and Phuong N. Pham
8 Practical Strategies
Christopher and Olga Werby
Part 3:The ICC Withdrawal Issue
Introduction to Part 3: The Issue of State Party Withdrawal
Richard H. Steinberg
9 Concerning the ICC Withdrawal Problem
M. Cherif Bassiouni
10 African Withdrawals and Structural Inequities
Kamari Maxine Clarke
11 A Court Worth Having: Defending the Integrity of the Rome Statute
Richard Dicker
12 Three Realities about the Africa Situation at the ICC
David Scheffer
Part 4: Measuring Success: The Performance Issue
Introduction to Part 4: The Performance Issue and Metrics of Success
Richard H. Steinberg
13 Methodologies and Design of Performance Indicators
Geoff Dancy
14 Empirical Analysis of the Tradeoff Between Conflict Termination and Atrocity Deterrence
Daniel Krcmaric
15 Assessing Performance in Context
Gabrielle Louise McIntyre
16 The Limited Utility of the ICC’s Performance Indicators
Yuval Shany
17 Performance Indicators: A Double-Edged Sword
Carsten Stahn
Part 5: The Crime of Aggression Issue
Introduction to Part 5: The Crime of Aggression Issue
Richard H. Steinberg
18 Understanding the Aggression Amendments
Dapo Akande
19 Difficulties Not to be Underestimated
Benoit D’Aboville
20 Three Difficult Problems
Yoram Dinstein
21 The Crime of Aggression: Definition, Jurisdiction, and Scope of Application
Donald M. Ferencz
22 Not Undermining the Use of Force Legal Framework
Tom Ruys
23 The Crime of Aggression and the Responsibility to Protect
Sarah Sewall
Part 6: The Rome Statute 20th Anniversary Issue: Imagining The ICC’s Future
Introduction to Part 6: Reform Proposals
Richard H. Steinberg
24 Reforms to Reduce Costs and Increase Efficiency
William Schabas
25 Building Support Through Enhanced Cooperation, Outreach, and Knowledge-Sharing
Adama Dieng
26 Returning to Customary Law
Fausto Pocar
27 Reforms to Enhance State Cooperation and Address Witness Interference
Goran Sluiter
28 Improving Investigative, Arrest, and Prosecution Strategies
Richard Dicker
29 Meeting Challenges: Politics, Trial Processes, and Early Judicial Work
Leila Sadat
30 Focusing on Core Messages and Human Rights
Carla Ferstman
31 Peace Negotiations as “Interests of Justice”
Dapo Akande and Talita de Souza Dias
32 Reflections on the ICC’s Relationship with the United Nations and Regional Courts
Bing Bing Jia
33 Improving Communication with Non-states Parties
David Scheffer
Index
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