The International Criminal Court: Contemporary Challenges and Reform Proposals

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

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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, 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

   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

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