Expert Initiative on Promoting Effectiveness at the International Criminal Court

Dermot Groome, Guenael Mettraux, Shireen Fisher, Alex Whiting, Gabrielle McIntyre, Jerome de Hemptinne, and Goran Sluiter, Expert Initiative on Promoting Effectiveness at the International Criminal Court (2014)

254 Pages Posted: 25 Sep 2015  

Guénaël Mettraux

University of Amsterdam - Faculty of Law

Shireen Fisher

Independent

Dermot Groome

Pennsylvania State University, Dickinson Law

Alex Whiting

Harvard Law School

Gabrielle McIntyre

United Nations - International Criminal Tribunal for the Former Yugoslavia (ICTY)

Jerome de Hemptinne

Independent

Goran Sluiter

University of Amsterdam - Faculty of Law

Date Written: December 16, 2014

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

Suggested Citation

Mettraux, Guénaël and Fisher, Shireen and Groome, Dermot and Whiting, Alex and McIntyre, Gabrielle and de Hemptinne, Jerome and Sluiter, Goran, Expert Initiative on Promoting Effectiveness at the International Criminal Court (December 16, 2014). Dermot Groome, Guenael Mettraux, Shireen Fisher, Alex Whiting, Gabrielle McIntyre, Jerome de Hemptinne, and Goran Sluiter, Expert Initiative on Promoting Effectiveness at the International Criminal Court (2014). Available at SSRN: https://ssrn.com/abstract=2659331 or http://dx.doi.org/10.2139/ssrn.2659331

Guénaël Mettraux

University of Amsterdam - Faculty of Law ( email )

Amsterdam, 1018 WB
Netherlands

Shireen Fisher

Independent

No Address Available

Dermot Groome (Contact Author)

Pennsylvania State University, Dickinson Law ( email )

Lewis Katz Hall
150 S. College Street
Carlisle, PA 17013
United States

Alex Whiting

Harvard Law School ( email )

6 Ever

Gabrielle McIntyre

United Nations - International Criminal Tribunal for the Former Yugoslavia (ICTY) ( email )

UN-ICTY
P.O. Box 13888
The Hague, Zuid-Holland 2501 EW
Netherlands

Jerome De Hemptinne

Independent ( email )

No Address Available

Goran Sluiter

University of Amsterdam - Faculty of Law ( email )

Amsterdam, 1018 WB
Netherlands

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