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In: The International Criminal Court: Contemporary Challenges and Reform Proposals
In: The Emerging Practice of the International Criminal Court
In: Tilburg Law Review
In: New Challenges to International Law
Author: Carsten Stahn

Abstract

International actors have been involved in the administration of territories since the 19th century. The early experiments of the League of Nations in territorial administration have broken new boundaries in this regard. The UN practice in the field of peacemaking, and the more recent engagements of the international community in Bosnia-Herzegovina and Iraq, show that international administration is likely to be with us for some more time. Yet, until now, international practice has not yet developed satisfactory methods to adjust the exercise of public authority within the context of international administration to modern standards of international governance and public legitimacy. This article revisits the prevailing conceptions of authority in international territorial administration. It argues that contemporary models of international authority should be re-conceptualized in light of cosmopolitan principles, such as functional limitations to public authority, diversified accountability models and an origin-neutral application of governance standards.

In: International Organizations Law Review
The International Criminal Court is at a crossroads. In 1998, the Court was still a fiction. A decade later, it has become operational and faces its first challenges as a judicial institution. This volume examines this transition. It analyses the first jurisprudence and policies of the Court. It provides a systematic survey of the emerging law and practice in four main areas: the relationship of the Court to domestic jurisdictions, prosecutorial policy and practice, the treatment of the Court’s applicable law and the shaping of its procedure. It revisits major themes, such as jurisdiction, complementarity, cooperation, prosecutorial discretion, modes of liability, pre-trial, trial and appeals procedure and the treatment of victims and witnesses, as well as their criticisms. It also explores some of challenges and potential avenues for future reform.
In: The Emerging Practice of the International Criminal Court