The International Criminal Court and Proximity to the Scene of the Crime: Does the Rome Statute Permit All of the ICC's Trials to Take Place at Local or Regional Chambers?
38 Pages Posted: 27 Jan 2012
Date Written: September 1, 2010
This article explores whether the ICC could establish a local or regional trial chamber that would be based away from the ICC’s seat and capable of carrying out trials related to a particular situation or group of geographically-related situations. These local or regional chambers would be semi-permanent facilities located in the same region, or perhaps even the same country, where the alleged crimes took place. They would be a formal part of the International Criminal Court; be created in conformity with the Rome Statute; and conduct trials pursuant to the ICC’s Rules of Procedure and Evidence.
It finds that the Rome Statute permits the ICC to establish local or regional trial chambers. The ordinary meaning of Article 62 of the Rome Statute permits the ICC to move the place of the trial to a location away from The Hague. There is nothing within the other provisions of the Rome Statute or its negotiating history that would prohibit the court from deciding to hold all or most of the trials arising out of a particular situation away from the seat of the court if that would be in the interests of justice. Moreover, Article 4(1) and the implied powers doctrine provide the ICC with the authority to enter into the agreements that would be a necessary to establish a local or regional trial chamber.
Keywords: International Criminal Court, ICC, international criminal law, hybrid tribunals, ICTY, ICTY, SCSL, ECCC, Sierra Leone, Cambodia, Rome Statute, implied powers
JEL Classification: K14, K33
Suggested Citation: Suggested Citation