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This comprehensive Companion examines the achievements and challenges of the International Criminal Court (ICC), the world's first permanent international criminal tribunal. It provides an overview of the first two decades of the ICC's existence, investigating the dominant narratives and counter-narratives that have emerged about the institution and its work. In this timely work, an international team of scholars and experts evaluate the ICC's actual and potential role in the world by exploring some of the central issues related to its creation, mandate, and operations. Chapters address topics ranging from the negotiation dynamics surrounding the drafting of the Rome Statute, to the roles of the Office of the Prosecutor, judges, defence and victims, as well as key controversies around peace and justice, selectivity of cases and situations, and gender-sensitivity.This Companion is critical reading for scholars, students and practitioners of international criminal law. Its mixture of theoretical perspectives and case study analysis will also be of interest to those studying and working in global justice and international law more broadly, including in transitional justice, human rights law, public international law and international relations.
Edited by Margaret M. deGuzman, James E. Beasley Professor of Law, Beasley School of Law, Temple University, US and Valerie Oosterveld, Professor of Law, Faculty of Law, Western University, Canada
Contents:Introduction: narratives and counter-narratives of the International Criminal Court xPART I THE ESTABLISHMENT OF THE ICC1 The dynamics of the Rome Conference 3William A. Schabas2 The Rome Conference: institutional design and the constraints of diplomacy 20Frédéric MégretPART II INTERPRETING AND APPLYING THE ROME STATUTE3 Contestation and inevitability in the crimes of the International Criminal Court 49Saira Mohamed4 Admissibility as a theory of international criminal law 62Alexander K. A. Greenawalt5 Heads of state and other government officials before the InternationalCriminal Court: the uneasy revolution continues 96Leila Nadya Sadat6 Penalties and punishment 128Mark A. Drumbl7 Can the ICC function without state compliance? 147Rod RastanPART III ICC IN ACTION8 Taking the opportunity: prosecutorial opportunism and the InternationalCriminal Court 181Mark Kersten9 Judges, the registry, and defence counsel 204Sara Wharton10 The Assembly of States Parties 231Jennifer Trahan11 Africa, the Court, and the Council 261Rebecca J. HamiltonPART IV MAJOR CONTROVERSIES12 Peace and justice 280Yvonne M. Dutton13 Re-narrating selectivity 307Asad G. Kiyani14 Human rights compliance 334Jonathan O’Donohue15 Re-writing sex and gender in international criminal law 363Rosemary Grey and Louise Chappell16 Mission uncertain: what communities does the ICC serve? 387Margaret M. deGuzmanIndex 408
‘I sometimes wonder who, other than an eager reviewer, reads a collection like this from cover to cover. It would, however, be fair to say that in this instance the editors made a good job selecting their contributors and, unlike many collective works, there is not a weak one in the bunch. So, if you want to get your head around the formation of the Court and the current issues, this is an excellent read.’