Expert Initiative on Promoting Effectiveness at the International Criminal Court

Abstract

The raison d’être of the present paper is to identify, from the point of view primarily of practitioners, the principal problems of effectiveness affecting the work of the Court with a view to offer practical and realistic solutions intended to improve upon the quality, cost and expeditiousness of ICC proceedings. The following recommendations are made in order to enhance the effectiveness of the Court while, at the same time, preserving the fairness of the proceedings.

This study is also intended to serve a spurring function by moving the debate over the performance of the ICC to a place where shortcomings affecting the Court are called by their name and where fresh ideas and possible solutions are being discussed openly and candidly to try to resolve those challenges. The difficulties affecting the Court’s effective fulfillment of its mandate are of different types. The present paper has focused on those thought to have the greatest prejudicial effect on the ability of the Court to operate at the level expected of a permanent international criminal court. These primary areas of concern have been identified by clusters as follows: Investigations at the ICC; The Confirmation Process; Disclosure at the ICC; Presentation and Admission of Evidence; Interlocutory Appeals; Orality; Victim’s Participation before the ICC; Defense before the ICC and Issues of Effectiveness; Institution Building and Administration; and Cooperation and Witness Protection.

Keywords: International Criminal Court, Lubanga