Forward: Law, Justice & Politics: A Reckoning of the International Criminal Court

43 J. Marshall L. Rev. xxiii (2010)

15 Pages Posted: 18 Nov 2017

See all articles by Dr. Shahram Dana

Dr. Shahram Dana

Griffith University - Griffith Law School

Date Written: November 13, 2017

Abstract

"Dead on arrival" was how a U.S. Senator described the Rome Treaty, which established the International Criminal Court (ICC). This attitude put the United States on the wrong side of history. Within four years, the Rome Treaty was ratified by sixty states and the Statute of the International Criminal Court ("Rome Statute") entered into force in July 2002, faster than the expectations of even the Court's most optimistic supporters. In addition to providing an overview of the symposium’s topics and author’s contributions, this forward offers the author’s own critical reflections on key political and legal themes at the center of the international community quest for justice in the extant world order, and the role of the International Criminal Court. This contribution scrutinizes the politics surrounding the ICC by arguing for distinction consideration and evaluation of political *influence* verses political *control*. It explains how this distinction may illuminate arguments surrounding and criticism of the ICC Prosecutor’s selection of situations and cases. This paper further evaluates the Prosecutor’s proprio muto powers in light of intra-state politics, including criticisms of the ICC from African leaders.

Keywords: International Criminal Court, ICC, Prosecutor, politics, justice, political, selection

Suggested Citation

Dana, Shahram, Forward: Law, Justice & Politics: A Reckoning of the International Criminal Court (November 13, 2017). 43 J. Marshall L. Rev. xxiii (2010), Available at SSRN: https://ssrn.com/abstract=3070758

Shahram Dana (Contact Author)

Griffith University - Griffith Law School ( email )

Nathan Campus, GU
Nathan 4111
Australia

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