Contemporary Issues Facing the International Criminal Court.

Intro -- Contemporary Issues Facing the International Criminal Court -- Copyright -- Contents -- Acknowledgements -- Foreword -- Preface -- Contributors -- Abbreviations -- Part 1 Jurisdiction: The 2008-2009 Gaza Issue -- Introduction to Part 1 -- No Jurisdictional Basis for an Investigation Pursuant to the Palestinian Declaration -- Press Releases, Not Arrest Warrants: Interpreting the icc Prosecutor's Moves in Relation to the Gaza Situation -- Palestine and the International Criminal Court: Asking the Right Question -- Palestine is a State so the Consent Declaration is a Valid Basis for Investigation by the ICC -- The ICC Should Not Accept the Palestinian Declaration as that of a State -- Part 2 Obligation to Arrest: The Darfur Issue -- Introduction to Part 2 -- The Impact of the Genocide Convention on the Obligation to Implement ICC Arrest Warrants -- Head of State Immunity as a Bar to Arrest -- Closing the "Impunity Gap" and the Role of State Support of the icc -- State Obligations in Implementing Arrest Warrants -- State "Cooperation Issues" in Arresting Al Bashir -- Part 3 The Oversight Issue -- Introduction to Part 3 -- The Proposed Independent Oversight Mechanism for the International Criminal Court -- The Independent Oversight Mechanism Does Not Have Authority to Investigate and Decide Alleged Misconduct by Staff in the Office of the Prosecutor -- The Role of the Assembly of States Parties for the ICC -- Establishing a Transparent and Effective Oversight Machinery and the Need for Constructive Dialogue between the Assembly, Court Officials, and Civil Society -- A Reasonable Request: Requiring Prosecutor Authorization Prior to Any Investigation by the Independent Oversight Mechanism -- Part 4 Deterrence: The Prevention Issue -- Introduction to Part 4.

The ICC Would Increase Its Prevention Ability If the Prosecutor's Discretion were More Visibly Limited -- 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 -- Maximizing the ICC's Crime Prevention Impact Through Positive Complementarity and Hard-Nosed Diplomacy -- 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 -- Maximizing Opportunities to Deter Further Atrocity Crimes -- Part 5 The Reparations Issue -- Introduction to Part 5 -- Victims' Rights and Participation in ICC Proceedings and in Emerging Customary International Law -- The icc Should Avoid Paternalistic or Bureaucratic Approaches to Determining Victims' Needs and Wants and Should Award Reparations to Promote Victims' Dignity and Agency -- Reparations in the Wake of Atrocities: A Plan for Encouraging Participation by Governments -- Reparations before the ICC: The Need for Pragmatism and Creativity -- A Minimalist Reparations Regime for the International Criminal Court -- Part 6 Proof: The Mass Rape Issue -- Introduction to Part 6 -- Can the ICC Sustain a Conviction for the Underlying Crime of Mass Rape without Testimony from Victims? -- Cases of Mass Sexual Violence Can be Proven without Direct Victim Testimony -- The Use of Sample Survey Interviews as Evidence of Mass Rape -- ICC Prosecution of Mass Rape Crimes Will Require some Evidence from Victims, but the Hardship of Testifying Can be Mitigated -- Part 7 Bias? The Africa Issue -- Introduction to Part 7 -- The Inevitable Practice of the Office of the Prosecutor -- Why Africa? -- Is the ICC Targeting Africa Inappropriately? A Moral, Legal, and Sociological Assessment.

International Politics and Policy Considerations for the Inappropriate Targeting of Africa by the ICC OTP -- The Institutional Framework of the Office of the Prosecutor, Legitimacy, and Overcoming Bias Allegations -- Is the ICC's Exclusively African Case Docket a Legitimate and Appropriate Intervention or an Unfair Targeting of Africans? -- Part 8 The Arrest Issue -- Introduction to Part 8 -- ICC Fugitives: The Need for Bespoke Solutions -- Ramping Up Strategies for ICC Arrests: A Few Lessons Learned -- Some Reflections on Securing the Arrest of ICC Fugitives -- Pollyannas Need Not Apply: International Justice is, to a Certain Extent, Political Justice -- An Integrative Model for the ICC's Enforcement of Arrest and Surrender Requests: Toward a More Political Court? -- Index.

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.

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Electronic reproduction. Ann Arbor, Michigan : ProQuest Ebook Central, 2024. Available via World Wide Web. Access may be limited to ProQuest Ebook Central affiliated libraries.