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.
Carsten Stahn is Professor of International Criminal Law and Global Justice at the Leiden Law School and Queenâs 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 courtâs key achievements and ongoing challenges, equipping readers with the knowledge to critically assess the courtâs role in the coming decade."
Carolina Carvalho, University of Coimbra, International Affairs, Volume 101, Issue 1, January 2025, Pages 343â344.
Foreword
Preface
List of Tables
Notes on Contributors
Part 1 Setting the Scene
1âThe icc in Its Third Decade: Setting the Scene
ââCarsten Stahn
Part 2 The icc in Context: General Reflections
2âReflections on the 20th Anniversary of the International Criminal Court
ââPhilippe Kirsch
3âLooking Back and Looking Forward: How to Expand the Global Reach of the icc?
ââSilvia Fernández de Gurmendi
4âTrust Fund for Victims: Reparations: a Critical Aspect of Justice at the icc
ââMinerva Tavárez Mirabal
5âThe International Criminal Court at 20: the Role of Civil Society
ââElizabeth Stevenson
6âThe icc at 20 from the Rome Statuteâs Entry into Force: Looking Backwards and Forward, or Learning from Mistakes and Building on Achievements
ââDavid Donat Cattin
Part 3 New Frontiers in Investigations and Prosecutions
7âInnovation and Technology in Building Modern Investigations and Prosecutions at the icc
ââKarim Khan
8âCollaboration between the Office of the Prosecutor and Third-Party Investigators
ââRafael Braga da Silva
9âIntersectional Approaches to Investigating and Prosecuting International Crimes: Sexual and Gender-Based Crimes
ââPriya Gopalan
10ââNo-Win Scenariosâ in Situation and Case Selection: a Call for a Holistic Conversation
ââDarryl Robinson
Part 4 Revisiting Trials and Procedures
11âJudicial Control of Investigations: Some Synopsis of Past and Present Perspectives
ââMohamed M. El Zeidy
12âThe Inquisitorial/Adversarial Divide and Its Specific Context at the icc
ââRaul C. Pangalangan
13âReflecting on the Rights of the Defense at the International Criminal Court: the Importance of Ensuring Fair Trials to Deliver Exemplary Justice
ââJennifer Naouri and Dov Jacobs
14âVictim Participation at the iccâPutting the Concept in (Good) Practice
ââPhilipp Ambach
Part 5 Cooperation and Complementarity
15âBehind the Scenes: the Essential Role of Cooperation in an Effective Trial
ââPeter Lewis
16âCrystallizing Complementarity: a New Gambit?
ââPriya Pillai
17âMaking Space for Victims in the iccâs Evolving Complementarity Regimes
ââLorraine Smith-van Lin and Fiona McKay
18âNational Implementation of the Rome Statute as a Critical Precondition for Complementarity and Cooperation
ââOlympia Bekou
Part 6 Confronting Institutional Challenges
19âThe Gap: Gender and Geographical Imbalance at the icc, 20 Years On
ââAngela Mudukuti
20âFunding the icc for Its Third Decade
ââStuart Ford
21ââNor Is It Neutralâ: New Technologies and the International Criminal Court
ââAlexa Koenig and Lindsay Freeman
22âIs the International Criminal Court succeeding in Providing Justice to Victims?
ââCarla Ferstman
24âThe International Criminal Court of the Future
ââLeila Nadya Sadat
25âReflections on Ecocide as a Fifth Crime Under the Rome Statute of the International Criminal Court
ââPhoebe Okowa and Olivia Flasch
26âAggression against Ukraine: and an Object Lesson in iccâs Contributions to International Justice
ââChile Eboe-Osuji
27âOne Regime to Rule Them All: Harmonizing the Conditions for the Exercise of Jurisdiction over Crimes within the Jurisdiction of the International Criminal Court
ââAstrid Reisinger Coracini
28âRe-imagining the icc in a Multipolar World
ââCarsten Stahn