Special Double Issue on the ICC
Last year, as I was reading an early draft of the agenda for the ICC’s Review Conference in 2010, I asked myself what I would change about the Rome Statute if I was King of the Assembly of States Parties. My answer was that I would amend Article 17, the complementarity provision, to make a case admissible if a national proceeding did not provide the defendant with due process — an issue I had written about before. (You can find the essay here, if you’re interested.)
I then wondered what other ICL scholars would change if they were given the opportunity. So I asked 14 of them. Their answers, in the form of short essays between 3,000 and 6,000 words, have now been published in a special double-issue of New Criminal Law Review, a journal of which I am an Associate Editor. Here is the combined table of contents of Volume 12, Issue 3 and Issue 4:
Kevin Jon Heller, Introduction
Neil Boister, Treaty Crimes, International Criminal Court?
Roger S. Clark, Building on Article 8(2)(b)(xx) of the Rome Statute: Weapons and Methods of Warfare
Robert Cryer, Royalism and the King: Article 21 and the Politics of Sources
Jens David Ohlin, Joint Criminal Confusion
Elies van Sliedregt, Article 28 of the ICC Statute: Mode of Liability and/or Separate Offense
Mohamed Elewa Badar, Dolus Eventualis and the Rome Statute Without It?
Olympia Bekou, A Case for Review of Article 88, ICC Statute: Strengthening a Forgotten Provision
Ilias Bantekas, The Need to Amend Article 12 of the ICC Statute: Remedying the Effects of Multilateral Treaties upon Third Parties
Cedric Ryngaert, The International Criminal Court and Universal Jurisdiction: A Fraught Relationship?
Hector Olasolo, Systematic and Casuistic Approaches to the Role of Victims in Criminal Proceedings Before the International Criminal Court
Michael Bohlander, Pride and Prejudice or Sense and Sensibility? A Pragmatic Proposal for the Recruitment of Judges at the ICC and Other International Criminal Courts
Kai Ambos, Confidential Investigations vs. Disclosure Obligations: The Lubanga Case and National Law
Alexander Zahar, International Court and Private Citizen
Goran Sluiter, “I Beg You, Please Come Testify” — The Problematic Absence of Subpoena Powers at the ICC
At the risk of sounding immodest, I think the collection is a must-read for anyone interested in the ICC. My thanks to the contributors for their fantastic essays!