Overview

Why does the International Criminal Court fall short of expectations? This book contends that the answer lies in the governance role of the Assembly of States Parties, the Court’s central, yet often overlooked, institutional body. Far beyond a diplomatic forum, the Assembly retains a crucial role in electing judges and prosecutors, adopting the budget, amending legal texts, and overseeing cooperation. Based on original research and previously unexamined official documents, it offers the first comprehensive analysis of the Assembly’s history and practice from 2002 to 2021. The book discusses the Assembly in the context of “international judicial governance institution” (injugovin), positioning it within broader debates on international law and global governance. By dissecting the Assembly’s functions, Jimenez Martinez shows how States Parties have collectively shaped, and at times constrained, the Court’s evolution. As such, the book argues that the Court’s challenges are not merely judicial, they are governance problems.

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9789004749962

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Reviews

'In the scholarship on the International Criminal Court, the Assembly of States Parties does not always get the intention it deserves. That gap is now filled with this thorough and authoritative study of the subject. Ezequiel Jimenez Martinez reviews the large volume of documentary material, analysing the record with great insight and perception. This is an indispensable reference on the subject.' – Professor William Schabas, Middlesex University London. 'This book is long overdue. Since the establishment of the International Criminal Court in 1998, a wealth of books and articles have been published on the Court, analysing its work, from specific judgments to its overall performance. Hardly any research has been carried out on the Court’s governance institution, the Assembly of States Parties. This study by Ezequiel Jimenez Martinez therefore fills a gap. Grounded on a thorough overview of the history of the Assembly, the book analyses how it has carried out its different governance functions. It convincingly demonstrates that we cannot evaluate the functioning of the Court without fully taking into account the work of the Assembly of States Parties.' – Professor Emeritus Niels Blokker (Schermers Chair), Leiden University. 'At a time when the International Criminal Court faces unprecedented pressure and existential threats from powerful states, the role of its Assembly of States Parties has never been more critical. In this pioneering and insightful study, Jimenez Martinez offers a comprehensive examination of the Assembly’s institutional history and functioning over the past two decades. The book lays the groundwork for pressing debates on the ICC’s governance and the Assembly’s ability to confront current challenges. The future will show whether States Parties will protect the Court’s independence and the integrity of its mandate – or settle for merely keeping the ICC on life support.' – Professor Sergey Vasiliev, Open University.

Author Information

Ezequiel Jimenez Martinez holds a Ph.D from Middlesex University London (United Kingdom). He works at Amnesty International and is a Senior Fellow at the Centre for International Law Research and Policy.

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