The ‘Inherent Power’ of Judges: An Ethical Yardstick to Assess Prosecutorial Conduct at the icc

2016 ◽  
Vol 16 (2) ◽  
pp. 304-322
Author(s):  
Anna Oriolo
Keyword(s):  
International Criminal Court ◽  
International Criminal ◽  
Code Of Conduct ◽  
Fair Trial ◽  
Criminal Court ◽  
Ethical Standards ◽  
Good Standing ◽  
Staff Members ◽  
Administration Of Justice

Although the Code of Conduct for the Office of the Prosecutor (otp) of the International Criminal Court (icc) that entered into force in 2013 unquestionably provided a more comprehensive set of ethical standards for all members of the Office (both staff members and elected officials), it does not fully meet the current needs to balance the powers and faculties of the Prosecutor in compliance with fair trial principles, the credibility of the Court and the sound administration of justice. Notwithstanding the adoption of the Code, a controversial prosecutorial action in the Bemba et al. case led to a request to disqualify the entire staff of the otp. This paper takes the opportunity to remark on the ethical standards applicable to icc prosecution lawyers and specifically the role of icc judges as the ‘ultimate guardian of a fair and expeditious trial’ in outlining the criteria to assess the conduct, good standing and professionalism of the otp.

Law and contestation in international negotiations

2020 ◽  
Vol 46 (5) ◽  
pp. 672-690
Author(s):  
Kyle Rapp
Keyword(s):  
Discourse Analysis ◽  
International Relations ◽  
International Law ◽  
International Criminal Court ◽  
International Criminal ◽  
Criminal Court ◽  
International Negotiations ◽  
The Us ◽  
Legal Grounds

AbstractWhat is the role of rhetoric and argumentation in international relations? Some argue that it is little more than ‘cheap talk’, while others say that it may play a role in persuasion or coordination. However, why states deploy certain arguments, and why these arguments succeed or fail, is less well understood. I argue that, in international negotiations, certain types of legal frames are particularly useful for creating winning arguments. When a state bases its arguments on constitutive legal claims, opponents are more likely to become trapped by the law: unable to develop sustainable rebuttals or advance their preferred policy. To evaluate this theory, I apply qualitative discourse analysis to the US arguments on the crime of aggression at the Kampala Review Conference of the International Criminal Court – where the US advanced numerous arguments intended to reshape the crime to align with US interests. The analysis supports the theoretical propositions – arguments framed on codified legal grounds had greater success, while arguments framed on more political grounds were less sustainable, failing to achieve the desired outcomes. These findings further develop our understanding of the use of international law in rhetoric, argumentation, and negotiation.

scholarly journals The right to self-representation before International Criminal Tribunals, while not absolute, should only be denied in limited circumstances

2020 ◽  
Vol 62 (3) ◽  
pp. 235-247
Author(s):  
Paul Bassett
Keyword(s):  
International Criminal Court ◽  
International Criminal ◽  
Fair Trial ◽  
Criminal Court ◽  
International Criminal Tribunals ◽  
The Right

One of the most controversial aspects of the International Criminal Tribunals (ICTs) and the International Criminal Court (ICC) concerns the right to self-representation. Many defendants have sought to use the trial as a stage on which to challenge the legitimacy of the court and to play to the crowd in their own home states. As a result, the various ICTs have sought to place limitations on the accused’s right to selfrepresentation. The recent amendment to the Statute of the Supreme Iraqi Criminal Tribunal (SICT) is an example of this. This evolution raises questions concerning the effect such limitations may have on the overall fair trial rights of the accused. This article argues that there is a need to establish a guaranteed right of self-representation, provided the accused adheres to an objective set of conditions placed on the right. Such conditions should be confined to those strictly necessary to ensure the integrity of the court. Such a move would allow the court to gain some much needed legitimacy while at the same time deny defendants the ability to turn the court into a political stage.

scholarly journals Reforming the International Criminal Court (ICC): Progress, Perils and Pitfalls Post the ICC Review Process

2021 ◽  
Vol 21 (1) ◽  
pp. 7-42
Author(s):  
Jeremy Julian Sarkin
Keyword(s):  
International Criminal Court ◽  
Review Process ◽  
International Criminal ◽  
Criminal Court ◽  
Core Theme ◽  
Role Players ◽  
To Come ◽  
State Cooperation

Summary The International Criminal Court is a very controversial institution. It is extensively criticised by both its critics and its supporters. This article examines what steps have been taken to reform the Court. It considers issues such as the need for better communications and messaging by the Court. The paper takes up how and why the Court needs to engage better and in more far-reaching ways with a host of role players that affect the terrain in which the Court operates. It is argued that more reform is needed in how the Court is lead, how it operates, and who the judges and staff are. It is argued that greater diversity is needed at the Court. Also taken up are how the reach of the Court can be increased beyond only prosecutions, how the Court can assist states to prosecute more cases themselves, and how the Court can become more victim centred. A core theme is how state cooperation can be enhanced. A range of suggestions are made so as to enhance the role of the Court in the years to come.

The Role of UN Documentation in Shaping Narratives at the International Criminal Court and the Implications for the Rights of the Accused

2022 ◽  
pp. 1-26
Author(s):  
Anne Herzberg
Keyword(s):  
United Nations ◽  
International Criminal Court ◽  
International Criminal ◽  
International Community ◽  
Criminal Court ◽  
Close Cooperation ◽  
The United Nations ◽  
Primary Basis

Abstract The International Criminal Court (icc) is an independent treaty-based international organisation acting in close cooperation with the United Nations (UN). To that end, organs of the Court have extensively relied on UN documentation in proceedings. These materials have been used to support grounds for the exercise of jurisdiction, demonstrate legal elements of crimes, and prove matters of fact. In recent practice, including in the situations of Palestine, Bangladesh/Myanmar, and Mali, UN materials have been used to establish legal and factual matters on the primary basis that they represent the ‘views of the international community’. This paper examines the ways in which Court organs rely on UN documentation in icc proceedings. It assesses the interplay of such information with rights of the accused. The paper concludes that in order to safeguard its credibility and the fairness of the proceedings, the Court should adopt specific guidelines relating to the evaluation of and admissibility of UN materials.

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