The emerging practice of the International Criminal Court / / edited by Carsten Stahn and Goran Sluiter ; with a foreword by Adriaan Bos.

• Superior document: Legal aspects of international organization ; v. 48
• TeilnehmendeR: Stahn, Carsten, 1971-; Sluiter, Goran.
• Year of Publication: 2009
• Language: English
• Series: Legal aspects of international organization ; 48.
• Physical Description: 1 online resource (792 p.)
• Notes: Description based upon print version of record.

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.

Table of Contents

ICC marks five years since entry into force of rome statute / Judge Philippe Kirsch -- The International Criminal Court in motion / Luis Moreno Ocampo -- The International Criminal Court five years on : andante or moderato? / Antonio Cassese -- The International Criminal Court- its relationship to domestic jurisdictions / Judge Hans-Peter Kaul -- Auto-referrals and the complementary nature of the ICC / Jann K. Kleffner -- The legitimacy of withdrawing state party referrals and ad hoc declarations under the statute of the International Criminal Court / Mohamed M. El Zeidy -- Shaping the contours of domestic justice : the International Criminal Court and an admissibility challenge in the Uganda situation / William W. Burke-White & Scott Kaplan -- The International Criminal Court and its relationship to non-party states / Robert Cryer -- The International Criminal Tribunal for the former Yugoslavia : transitional justice, the transfer of cases to national courts, and lessons for the ICC / David Tolbert and Aleksandar Kontic -- The responsibility to enforce-connecting justice with unity / Rod Rastan -- Peace, security, and prosecutorial discretion / Jens David Ohlin -- The selection of cases by the office of the prosecutor of the International Criminal Court / Fabricio Guariglia -- Developing and implementing an effective positive complementarity prosecution strategy / Christopher Keith Hall -- Prosecutorial discretion and gravity / William A. Schabas -- Judicial review of prosecutorial discretion : five years on Carsten Stahn -- Article 21 of the statute of the International Criminal Court and the treatment of sources of law in the jurisprudence of the ICC / Gilbert Bitti -- The status of ICTY and ICTR precedent in proceedings before the ICC / Volker Nerlich -- Committing liability in international criminal law / Steffen Wirth -- Developments in the distinction between principal and accessorial liability in light of the first case-law of the international criminal court / Hector Olasolo -- Identifying an armed conflict not of an international character / Sandesh Sivakumaran -- Can the "elements of crimes" narrow or broaden responsibility for criminal behaviour defined in the Rome statute? / Otto Triffterer -- A structural analysis of the role of the pre-trial chamber in the fact-finding process of the ICC / Simon De Smet -- Fairness and expeditiousness in the international criminal court's pre-trial proceedings / Ekaterina Trendafilova -- Human rights protection in the ICC pre-trial phase / Goran Sluiter -- How to achieve fair and expeditious trial proceedings before the ICC : is it time for a more judge-dominated approach? / Robert Heinsch -- The trial chamber's discretionary power to devise the proceedings before it and its exercise in the trial of Thomas Lubanga Dyilo / Reinhold Gallmetzer -- The first jurisprudence of the appeals chamber of the icc / Franziska C. Eckelmans -- Interlocutory appeals in the early practice of the international criminal court / Hakan Friman -- Contribution of the registry to greater respect for the principles of fairness and expeditious proceedings before the International Criminal Court / Marc Dubuisson, Anne-Aurore Bertrand and Natacha Schauder -- A review of the experiences of the pre-trial and appeals chambers of the International Criminal Court regarding the disclosure of evidence / David Scheffer -- "Witness proofing" before the ICC : neither legally admissible nor necessary / Kai Ambos -- Anonymous witnesses before the international criminal Court : due process in dire straits / Michael E. Kurth -- Article 68 (3) and personal interests of victims in the emerging practice of the ICC / Sergey Vasiliev -- Role and practice of the office of public counsel for victims / Paolina Massidda and Sarah Pellet -- The crime of aggression / Roger S. Clark -- Evaluating domestic legislation on the customary crime of aggression under the Rome statute's complementarity regime / Astrid Reisinger Coracini -- Demystifying the procedural framework of the international criminal court : a modest proposal for radical revision / Bacle Don Taylor III.