OUVRAGE : C. Stahn (ed.), The International Criminal Court in Its Third Decade: Reflecting on Law and Practices

Carsten STAHN

This volume examines lessons learned in over two decades of ICC practice. It discusses macro issues, such as universality, selectivity, new technologies, complementarity, victims and challenges in the life cycle of cases, as well as ways to re-think the ICC regime in light of the Independent Expert Review, aggression against Ukraine, and novel global challenges.

TABLE OF CONTENTS

Foreword
Preface
List of Figure and Tables
Notes on Contributors

PART 1
SETTING THE SCENE

1. Carsten Stahn, The ICC in Its Third Decade: Setting the Scene

PART 2
THE ICC IN CONTEXT: GENERAL REFLECTIONS

2. Philippe Kirsch, Reflections on the 20th Anniversary of the International Criminal Court
3. Silvia Fernández de Gurmendi, Looking Back and Looking Forward: How to Expand the Global Reach of the ICC?
4. Minerva Tavárez Mirabal, Reparations: a Critical Aspect of Justice at the ICC
5. Elizabeth Evenson, The International Criminal Court at 20: the Role of Civil Society
6. David Donat Cattin, The ICC at 20 from the Rome Statute’s Entry into Force: Looking Backwards and Forward, or Learning from Mistakes and Building on Achievements

PART 3
NEW FRONTIERS IN INVESTIGATIONS AND PROSECUTIONS

7. Karim Khan, Innovation and Technology in Building Modern Investigations and Prosecutions at the ICC
8. Rafael Braga da Silva, Collaboration between the Office of the Prosecutor and Third- Party Investigators
9. Priya Gopalan, Intersectional Approaches to Investigating and Prosecuting International Crimes: Sexual and Gender- Based Crimes
10. Darryl Robinson, ‘No- Win Scenarios’ in Situation and Case Selection: a Call for a Holistic Conversation

PART 4
REVISITING TRIALS AND PROCEDURES

11. Mohamed M. El Zeidy, Judicial Control of Investigations: Some Synopsis of Past and Present Approaches
12. Raul C. Pangalangan, The Inquisitorial/ Adversarial Divide and Its Specific Context at the ICC
13. Jennifer Naouri, Dov Jacobs, Reflecting on the Rights of the Defense at the International Criminal Court: the Importance of Ensuring Fair Trials to Deliver Exemplary Justice
14. Philipp Ambach, Victim Participation at the ICC— Putting the Concept in (Good) Practice

PART 5
COOPERATION AND COMPLEMENTARITY

15. Peter Lewis, Behind the Scenes: the Essential Role of Cooperation in an Effective Trial
16. Priya Pillai, Crystallizing Complementarity: a New Gambit?
17. Lorraine Smith- van Lin, Fiona McKay, Making Space for Victims in the ICC’s Evolving Complementarity Regimes
18. Olympia Bekou, National Implementation of the Rome Statute as a Critical Precondition for Complementarity and Cooperation

PART 6
CONFRONTING INSTITUTIONAL CHALLENGES

19. Angela Mudukuti, The Gap: Gender and Geographical Imbalance at the ICC, 20 Years on
20. Stuart Ford, Funding the ICC for Its Third Decade
21. Alexa Koenig, Lindsay Freeman, ‘Nor Is It Neutral’: New Technologies and the International Criminal Court
22. Carla Ferstman, Is the International Criminal Court Succeeding in Providing Justice to Victims?

PART 7
LOOKING TO THE FUTURE

23. Muriel Ubéda- Saillard, The Evolving System of International Criminal Justice
24. Leila Nadya Sadat, The International Criminal Court of the Future
25. Phoebe Okowa, Olivia Flasch, Reflections on Ecocide as a Fifth Crime under the Rome Statute of the International Criminal Court
26. Chile Eboe-Osuji, Aggression against Ukraine and an Object Lesson in ICC’s Contributions to International Justice
27. Astrid Reisinger Coracini, One Regime to Rule Them All: Harmonizing the Conditions for the Exercise of Jurisdiction over Crimes within the Jurisdiction of the ICC
28. Carsten Stahn, Re-imagining the ICC in a Multipolar World

Index

Carsten STAHN (ed.), The International Criminal Court in Its Third Decade: Reflecting on Law and Practices, Leiden, Brill/Nijhoff, 2024 (599 pp.)