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OverviewThis comprehensive Companion examines the achievements and challenges of the International Criminal Court (ICC), the world's first permanent international criminal tribunal. It provides an overview of the first two decades of the ICC's existence, investigating the dominant narratives and counter-narratives that have emerged about the institution and its work. In this timely work, an international team of scholars and experts evaluate the ICC's actual and potential role in the world by exploring some of the central issues related to its creation, mandate, and operations. Chapters address topics ranging from the negotiation dynamics surrounding the drafting of the Rome Statute, to the roles of the Office of the Prosecutor, judges, defence and victims, as well as key controversies around peace and justice, selectivity of cases and situations, and gender-sensitivity. This Companion is critical reading for scholars, students and practitioners of international criminal law. Its mixture of theoretical perspectives and case study analysis will also be of interest to those studying and working in global justice and international law more broadly, including in transitional justice, human rights law, public international law and international relations. Full Product DetailsAuthor: Margaret deGuzman , Valerie OosterveldPublisher: Edward Elgar Publishing Ltd Imprint: Edward Elgar Publishing Ltd ISBN: 9781785368226ISBN 10: 1785368222 Pages: 448 Publication Date: 11 December 2020 Audience: Professional and scholarly , Professional & Vocational Format: Hardback Publisher's Status: Active Availability: To order  Stock availability from the supplier is unknown. We will order it for you and ship this item to you once it is received by us. Table of ContentsContents: Introduction: narratives and counter-narratives of the International Criminal Court x PART I THE ESTABLISHMENT OF THE ICC 1 The dynamics of the Rome Conference 3 William A. Schabas 2 The Rome Conference: institutional design and the constraints of diplomacy 20 Frederic Megret PART II INTERPRETING AND APPLYING THE ROME STATUTE 3 Contestation and inevitability in the crimes of the International Criminal Court 49 Saira Mohamed 4 Admissibility as a theory of international criminal law 62 Alexander K. A. Greenawalt 5 Heads of state and other government officials before the International Criminal Court: the uneasy revolution continues 96 Leila Nadya Sadat 6 Penalties and punishment 128 Mark A. Drumbl 7 Can the ICC function without state compliance? 147 Rod Rastan PART III ICC IN ACTION 8 Taking the opportunity: prosecutorial opportunism and the International Criminal Court 181 Mark Kersten 9 Judges, the registry, and defence counsel 204 Sara Wharton 10 The Assembly of States Parties 231 Jennifer Trahan 11 Africa, the Court, and the Council 261 Rebecca J. Hamilton PART IV MAJOR CONTROVERSIES 12 Peace and justice 280 Yvonne M. Dutton 13 Re-narrating selectivity 307 Asad G. Kiyani 14 Human rights compliance 334 Jonathan O'Donohue 15 Re-writing sex and gender in international criminal law 363 Rosemary Grey and Louise Chappell 16 Mission uncertain: what communities does the ICC serve? 387 Margaret M. deGuzman Index 408Reviews'This book is a very welcome contribution to scholarship on the International Criminal Court (ICC). It contextualises the ICC and discusses its role in developing international criminal law. After almost two decades of practice, this is a good time to take stock and evaluate the Court's performance and impact. The editors can be credited for selecting an excellent line-up of authors who take novel perspectives and angles that deepen our knowledge of the ICC and its engagement with domestic jurisdictions, general international law and the wider world of international diplomacy. The book is an essential guide for policymakers, legal practitioners and scholars interested in human rights and international criminal justice.' -- Elies van Sliedregt, University of Leeds, UK 'If you wish to know why the ICC has failed to fulfil the high expectations of its idealist founders, this is the book for you. Though created so that the most serious crimes not go unpunished, the ICC has not been able to punish more than a few. In this book, leading international justice experts explore the court's legal, political, and practical limitations, and suggest how it might better define its mission to gain the cooperation and support needed to succeed.' -- Stephen J. Rapp, former US Ambassador-at-Large for Global Criminal Justice 'Professors Margaret M. deGuzman and Valerie Oosterveld have masterfully orchestrated a fresh examination of the International Criminal Court in this impressive collection of chapters by distinguished scholars who provide the insight and depth of understanding that rarely occur in the literature. This book will stand for a long time as an essential treatise for every scholar, practitioner, and civil society advocate of the Court.' -- David Scheffer, Northwestern University Pritzker School of Law, US and former US Ambassador 'In this important publication, the issues facing the International Criminal Court are impressively analysed by recognised experts in the field of international criminal law. The topics range from the establishment of the Court to its mission; the selection of situations and cases; and the strengths and weaknesses of the Rome Statute system. The Elgar Companion to the International Criminal Court is essential reading and an indispensable resource for anyone interested in international criminal justice.' -- The Hon. Richard Goldstone, former Chief Prosecutor of the International Criminal Tribunal for the Former Yugoslavia and former Justice of the Constitutional Court of South Africa Author InformationEdited by Margaret M. deGuzman, James E. Beasley Professor of Law, Beasley School of Law, Temple University, US and Valerie Oosterveld, Professor of Law, Faculty of Law, Western University, Canada Tab Content 6Author Website:Countries AvailableAll regions |
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