The Rome Statute and the jurisprudence of the International Criminal Court (icc) differ significantly from the law and practice of other international criminal tribunals. After two decades of operation, many operational aspects of the icc have come under critique and review. The Independent Expert Review has offered a wealth of recommendations to improve practices. The war in Ukraine marks both, an opportunity and a test case for the icc. It has renewed engagement and support for the institution, but also caused new tensions in relation to double standards of the West. With the emergence of new accountability mechanisms, changing evidentiary landscapes, and the transformation of geopolitics, the Court is under considerable pressure to adjust its strategies, working methods, and practices.
This volume reflects on the icc’s law and practices, ranging from preliminary examination to the afterlife of cases. It investigates some of the main areas, in which we witness change and transformation: New frontiers in investigations and prosecutions, the mapping of trials and procedures, the intersections between complementarity and cooperative approaches, major institutional challenges, as well as some of the gaps and blind-spots in the icc regime. It looks back to lessons learned from the institutional set-up of the Court, and proposes ways to address shortcomings and critiques and re-imagine the icc.
The cover painting by contemporary artist Alexis Portilla reflects this spirit. It is entitled ‘Three Worlds’. It captures, in a figurative sense, the interconnected nature of the icc’s three decades through circles. The main three circles are related to a larger past. They share synergies and mutual spaces, but also evolve in configuration and colour – as the Court itself. The red cloud bears synergies with the changing context, challenges and turmoil that the institution is facing over time. The image as a whole conveys not only evolution, rupture and transformation, but also some degree of optimism, which is symptomatic of the current status quo.
The book as a whole is a truly collective effort. It has its origins in a conference marking the 20th anniversary of the operations of the Court. It was organized by the icc in the World Forum in The Hague on 1 July 2022. In the follow-up process, contributors transformed their interventions into academic contributions. Additional voices were invited to cover additional themes, which have not been treated at the original conference.
The idea of the project was very warmly supported by icc President Piotr Hofmański. He encouraged the idea of an independent academic volume since its inception and kindly provided the preface. Matias Hellman and Hirad
The book would not been possible without the time and energy by our contributors, whose invaluable perspectives invite us to re-think law and practices, and the exemplary work by the wonderful Assistant Editor, Rafael Braga da Silva. He took a fresh look at the interrelation of chapters, shaped the final composition, transformed the individual pieces into a broader whole, and composed the annex, in addition to contributing a chapter.
Warmest thanks are due to Paola Dolfato, who provided essential editorial assistance to the volume, while completing her ll.m. Advanced degree in Public International Law at Leiden, and Valentina Kobler, who assisted with editing during her internship at the icc. Special thanks also to our editors: Lindy Melman, whose passion, enthusiasm and personal touch to publishing made this project special, and Bea Timmer, who brought it to successful fruition.
The volume is dedicated to the memory of Benjamin Ferencz (1920–1923), whose life-long work, courage, and optimism provides hope and incentives to re-think international criminal justice beyond its existing imperfections.
Carsten Stahn
The Hague, May 2023