The International Criminal Court in Its Third Decade

Reflecting on Law and Practices

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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.

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Carsten Stahn is Professor of International Criminal Law and Global Justice at the Leiden Law School and Queen’s University Belfast. He holds a Ph.D. and habilitation from Humboldt University Berlin.

Rafael Braga Da Silva is an Associate Appeals Counsel at the International Residual Mechanism for Criminal Tribunals (IRMCT). He holds a LL.M. from University for Peace and United Nations Interregional Criminal and Justice Research Institute (UNICRI). He also holds a LL.M. Adv. Studies in Public International Law cum laude, from the Grotius Centre for International Legal Studies, Leiden University.
"This book serves as an essential resource for both scholars and practitioners who wish to gain a deeper insight into ICC law and practice. It provides a thorough examination of the court’s key achievements and ongoing challenges, equipping readers with the knowledge to critically assess the court’s role in the coming decade."
Carolina Carvalho, University of Coimbra, International Affairs, Volume 101, Issue 1, January 2025, Pages 343–344.
Foreword

Preface

List of Tables

Notes on Contributors

Part 1
Setting the Scene
1 The icc in Its Third Decade: Setting the Scene
  Carsten Stahn

Part 2
The icc in Context: General Reflections
2 Reflections on the 20th Anniversary of the International Criminal Court
  Philippe Kirsch

3 Looking Back and Looking Forward: How to Expand the Global Reach of the icc?
  Silvia Fernández de Gurmendi

4 Trust Fund for Victims: Reparations: a Critical Aspect of Justice at the icc
  Minerva Tavárez Mirabal

5 The International Criminal Court at 20: the Role of Civil Society
  Elizabeth Stevenson

6 The icc at 20 from the Rome Statute’s Entry into Force: Looking Backwards and Forward, or Learning from Mistakes and Building on Achievements
  David Donat Cattin

Part 3
New Frontiers in Investigations and Prosecutions
7 Innovation and Technology in Building Modern Investigations and Prosecutions at the icc
  Karim Khan

8 Collaboration between the Office of the Prosecutor and Third-Party Investigators
  Rafael Braga da Silva

9 Intersectional Approaches to Investigating and Prosecuting International Crimes: Sexual and Gender-Based Crimes
  Priya Gopalan

10 ‘No-Win Scenarios’ in Situation and Case Selection: a Call for a Holistic Conversation
  Darryl Robinson

Part 4
Revisiting Trials and Procedures
11 Judicial Control of Investigations: Some Synopsis of Past and Present Perspectives
  Mohamed M. El Zeidy

12 The Inquisitorial/Adversarial Divide and Its Specific Context at the icc
  Raul C. Pangalangan

13 Reflecting on the Rights of the Defense at the International Criminal Court: the Importance of Ensuring Fair Trials to Deliver Exemplary Justice
  Jennifer Naouri and Dov Jacobs

14 Victim Participation at the icc—Putting the Concept in (Good) Practice
  Philipp Ambach

Part 5
Cooperation and Complementarity
15 Behind the Scenes: the Essential Role of Cooperation in an Effective Trial
  Peter Lewis

16 Crystallizing Complementarity: a New Gambit?
  Priya Pillai

17 Making Space for Victims in the icc’s Evolving Complementarity Regimes
  Lorraine Smith-van Lin and Fiona McKay

18 National Implementation of the Rome Statute as a Critical Precondition for Complementarity and Cooperation
  Olympia Bekou

Part 6
Confronting Institutional Challenges
19 The Gap: Gender and Geographical Imbalance at the icc, 20 Years On
  Angela Mudukuti

20 Funding the icc for Its Third Decade
  Stuart Ford

21 ‘Nor Is It Neutral’: New Technologies and the International Criminal Court
  Alexa Koenig and Lindsay Freeman

22 Is the International Criminal Court succeeding in Providing Justice to Victims?
  Carla Ferstman

Part 7
Looking to the Future
23 The Evolving System of International Criminal Justice
  Muriel Ubéda-Saillard

24 The International Criminal Court of the Future
  Leila Nadya Sadat

25 Reflections on Ecocide as a Fifth Crime Under the Rome Statute of the International Criminal Court
  Phoebe Okowa and Olivia Flasch

26 Aggression against Ukraine: and an Object Lesson in icc’s Contributions to International Justice
  Chile Eboe-Osuji

27 One Regime to Rule Them All: Harmonizing the Conditions for the Exercise of Jurisdiction over Crimes within the Jurisdiction of the International Criminal Court
  Astrid Reisinger Coracini

28 Re-imagining the icc in a Multipolar World
  Carsten Stahn

Index

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