Contemporary issues facing the International Criminal Court / / edited by Richard H. Steinberg ; foreword by Fatou B. Bensouda.
Contemporary Issues Facing the International Criminal Court 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: • Jurisdiction: The 2008-2009 Gaza Issu...
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| Place / Publishing House: | Leiden, Netherlands ;, Boston, Massachusetts : : Brill Nijhoff,, [2016] ©2016 |
| Year of Publication: | 2016 |
| Edition: | 1st ed. |
| Language: | English |
| Physical Description: | 1 online resource (495 p.) |
| Notes: | Description based upon print version of record. |
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Table of Contents:
- Preliminary Material / Richard H. Steinberg
- Introduction to Part 1 / Richard H. Steinberg
- No Jurisdictional Basis for an Investigation Pursuant to the Palestinian Declaration / George P. Fletcher
- Press Releases, Not Arrest Warrants: Interpreting the icc Prosecutor’s Moves in Relation to the Gaza Situation / Marlies Glasius
- Palestine and the International Criminal Court: Asking the Right Question / Michael Kearney
- Palestine is a State so the Consent Declaration is a Valid Basis for Investigation by the ICC / John Quigley
- The ICC Should Not Accept the Palestinian Declaration as that of a State / Yaël Ronen
- Introduction to Part 2 / Richard H. Steinberg
- The Impact of the Genocide Convention on the Obligation to Implement ICC Arrest Warrants / Dapo Akande
- Head of State Immunity as a Bar to Arrest / Paola Gaeta
- Closing the “Impunity Gap” and the Role of State Support of the ICC / Makau W. Mutua
- State Obligations in Implementing Arrest Warrants / William Schabas
- State “Cooperation Issues” in Arresting Al Bashir / Göran Sluiter
- Introduction to Part 3 / Richard H. Steinberg
- The Proposed Independent Oversight Mechanism for the International Criminal Court / José E. Alvarez
- The Independent Oversight Mechanism Does Not Have Authority to Investigate and Decide Alleged Misconduct by Staff in the Office of the Prosecutor / Nicholas Cowdery AM QC
- The Role of the Assembly of States Parties for the ICC / Max Du Plessis and Christopher Gevers
- Establishing a Transparent and Effective Oversight Machinery and the Need for Constructive Dialogue between the Assembly, Court Officials, and Civil Society / Akbar Khan
- A Reasonable Request: Requiring Prosecutor Authorization Prior to Any Investigation by the Independent Oversight Mechanism / Harmen van der Wilt
- Introduction to Part 4 / Richard H. Steinberg
- The ICC Would Increase Its Prevention Ability If the Prosecutor’s Discretion were More Visibly Limited / Kenneth Anderson
- The Court Should Avoid all Considerations of Deterrence and Instead Focus on Creating a Credible and Legitimate Normative Environment in Which Serious Crimes are Not Tolerated / Tomer Broude
- Maximizing the icc’s Crime Prevention Impact Through Positive Complementarity and Hard-Nosed Diplomacy / William W. Burke-White
- The Crime Prevention Potential of the International Criminal Court Depends Upon its Credibility and the Support it Receives from Governments and Especially those of States Parties to the Rome Treaty / Richard Goldstone
- Maximizing Opportunities to Deter Further Atrocity Crimes / Ambassador David Scheffer
- Introduction to to Part 5 / Richard H. Steinberg
- Victims’ Rights and Participation in icc Proceedings and in Emerging Customary International Law / M. Cherif Bassiouni
- The icc Should Avoid Paternalistic or Bureaucratic Approaches to Determining Victims’ Needs and Wants and Should Award Reparations to Promote Victims’ Dignity and Agency / Carla Ferstman
- Reparations in the Wake of Atrocities: A Plan for Encouraging Participation by Governments / Saul Levmore
- Reparations before the icc: The Need for Pragmatism and Creativity / Frédéric Mégret.