Special Double Issue on the ICC

by Kevin Jon Heller

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!

http://opiniojuris.org/2009/12/30/special-double-issue-on-the-icc/

3 Responses

  1. I shall read these soon.

    I wanted to say Happy New Year to the Opinio Juris crew, I really appreciate all of your insight!  Thanks for blogging, I look forward to 2010!

    Happy New Year to my fellow readers, lurkers, and posters.  Sometimes you frustrate the hell out of me, sometimes you make me smile, lets hope it’s mostly the latter!

    Good Luck in 2010 all!

  2. I just asked our library to get it for me – great topic for a special journal issue, and congrats KJH for pulling it together!

  3. Kevin, this is great and just in time for us to study up before attending the ASP/ICC Review Conference. I heard about the double issue on IJCentral (dot) org

    By the way “The Reckoning” premiered on Kenyan National Television yesterday, Jan. 1st. Keen interest there in the ICC as you can imagine.
    Oh, and you can’t purchase Volume 12 #4 yet online, it seems one can only purchase Volume 12 #3. Am I missing something?

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