ICC Research Papers - Academia.edu (original) (raw)

This doctoral dissertation investigates the development of the norm of sovereignty as responsibility by focusing on its institutionalization in the framework of the International Criminal Court (ICC). Prominent observers have regarded the... more

This doctoral dissertation investigates the development of the norm of sovereignty as responsibility by focusing on its institutionalization in the framework of the International Criminal Court (ICC). Prominent observers have regarded the emergence of a new norm of sovereignty as responsibility as one of the most significant normative shifts in international society since the aftermath of World War II. Against this backdrop, accounts have proliferated situating the ICC at the cutting edge of normative change. The present study critically engages with the whole set of theoretical foundations underlying this view, including the conventional constructivist understanding of norm development upon which the latter is premised. This, on the one hand, emphasizes the importance of norm institutionalization within “tangible” sets of rules or organizations. On the other, it understands institutionalization itself as a moment of clarity and stabilization, thus largely reducing it to an end-point of the norm emergence process. In other words, norm institutionalization is confined to a positivist view in which institutions fall back to the role of neutral fora. The result is a linear, static, and largely depoliticized account of norm content, which, while yielding to the traditional lack of communication between normative and empirical studies, ends up reiterating a dichotomic and simplistic view in which norms are scripts of emancipation, and power a practice of domination. The dissertation aims to unravel this dilemma altogether by offering a step forward in the development of a post-positivist constructivist approach. In other words, it takes a genuinely trans-disciplinary perspective and delves into the configuration of normativity as part of institutional practice, paying special attention to how the relative power of relevant actors reconstitutes norms during norm negotiation and implementation. Hence, the study unfolds from an unusual location – at the intersection between normative international theory and the politics of international criminal law; and from there, it seeks to revive discussions about the power-laden nature of the normative fabric of international society, its own dis-symmetries, and its outright hierarchies. To this end, the dissertation asks two major sequential questions: how the overarching system negotiated by states at the Rome Conference affects the selection of situations and cases before the ICC and their outcomes; and how the selection of situations and cases and their outcomes, in turn, “feeds back” to the norm of sovereignty institutionalized through the Court’s practice. The resulting analysis shows the following. While the Rome Statute reflects the persistence of the state as the primary site of political authority and coercion, it also cuts against the normative aspirations of sovereignty as responsibility by leaving the Court specifically ill-equipped to break with a notorious pattern of hyper-protected sovereignty. Outstanding issues such as the ICC’s selectivity and African bias, as well as the Court’s future prospects, are then reconsidered under this light. Those findings are then discussed in the final part of the study. Focusing on questions of delegation to international institutions, this ends with a note of caution. It concludes that the prospects of sovereignty as responsibility, as well as the broader discussion about cosmopolitan governance, lie more with the re-politicization of the debate than a straightforward invocation of greater forms of supranationalism.

Transitional Justice is a form of legal or quasi-judicial proceedings in transitional societies emerging from the collective trauma of repressive authoritarian regimes. It is used, usually post conflict, in communities where the ruling... more

Transitional Justice is a form of legal or quasi-judicial proceedings in transitional societies emerging from the collective trauma of repressive authoritarian regimes. It is used, usually post conflict, in communities where the ruling powers have used the apparatus of power (including the legal structures) to institutionalize oppression and commit egregious violations of human rights norms. Transitional Justice proponents walk a fine tightrope in seeking to balance the requirements of justice, needing to avoid fracturing the already deeply strained social context, and concurrently pointing towards a future which is less burdened with collective traumas.

This paper examines the question to what extent the criticism is justified that the ICC functions as a postcolonial tool for Western countries to control African countries. To analyse this question, this paper focuses on two main... more

This paper examines the question to what extent the criticism is justified that the ICC functions as a postcolonial tool for Western countries to control African countries. To analyse this question, this paper focuses on two main arguments of the postcolonial critique: first, the accusation that the ICC focuses unfairly on Africa and second, that the ICC is as a hegemonic tool of the West which stresses the importance of global politics in the practice of the ICC. Evaluating the two key aspects of the postcolonial critique, I conclude that the ICC is unfairly accused of practising selective prosecution and also the critique that the ICC is a hegemonic tool of Western countries is not true as African countries played an essential role in its formation. However, the critique of the role of the UNSC is justified.

L’Italia è uno dei paesi in Europa con il maggior numero di studenti che frequentano corsi di Istruzione superiore ascrivibili all’area culturale, seppure, nonostante lo straordinario patrimonio culturale, tangibile e intangibile di cui... more

L’Italia è uno dei paesi in Europa con il maggior numero di studenti che frequentano corsi di Istruzione superiore ascrivibili all’area culturale, seppure,
nonostante lo straordinario patrimonio culturale, tangibile e intangibile di cui siamo detentori, il numero di occupati in tale ambito sia inferiore alla media europea.
La pandemia iniziata nel 2020 ha posto in luce limiti e fragilità del nostro sistema culturale, e in primo piano le discrasie nel mercato del lavoro di riferimento, criticità che riguardano buona parte dei lavoratori che a esso afferiscono, dalla discontinuità dei rapporti di lavoro sino alla inadeguatezza delle tutele; problemi latenti la cui origine è assai antecedente all’ultima emergenza.
Obiettivo di questo libro è proporre, attraverso il contributo di esperti, studiosi, professionisti del settore e rappresentanti delle istituzioni, riflessioni sull’evoluzione del mercato del lavoro culturale, alla luce delle trasformazioni socio-economiche in atto, che investono il ruolo stesso della cultura, il sistema produttivo dei settori culturali e creativi, le modalità di fruizione, le figure professionali e dunque le competenze necessarie per affrontare le nuove sfide che ci attendono, quali la transizione digitale. Il volume, che si rivolge a professionisti della cultura, ma anche a coloro che intendano intraprendere una professione in tale campo, propone riflessioni sulle prospettive reali del mercato del lavoro culturale, stante la consapevolezza che la crescita dei settori culturali e creativi è strettamente correlata allo sviluppo economico e dell’occupazione, che la cultura rappresenta uno dei punti di riferimento fondamentali su cui basare la ripresa del Paese dopo il Covid.

Today, the boundaries of international crime involving states and transnational organized crime are slowly blurring, and as a result, the number of international crimes is steadily growing. The article analyzes two key groups of crimes:... more

Today, the boundaries of international crime involving states and transnational organized crime are slowly blurring, and as a result, the number of international crimes is steadily growing. The article analyzes two key groups of crimes: crimes indicated in the Rome Statute and transnational crimes under international conventions. This article is based on the analysis of the main groups of crimes: the first group of international crimes committed with state actors, which includes crimes against humanity, war crimes, crimes of aggression, crimes of genocide; and the second group, crimes committed by criminal groups organized in more than one country with the "international" or "transnational" character of such acts. The authors emphasize the norms of international law, according to which the International Criminal Court, together with international criminal tribunals, have jurisdiction over a small range of key international crimes, including genocide, war crimes and crimes against humanity, aggression, committed by state officials. The main objective of this research is to compare the mechanism for investigating crimes in the jurisdiction of international criminal tribunals and the International Criminal Court, together with the national procedure for investigating transnational crimes, through the ratification of international conventions and the establishment of the International cooperation. The article was made with the following methods: induction, deduction, analogy, as well as historical, dialectical and formal legal methods.

Cricket is a bat-and-ball game played between two teams of 11 players each on a field at the center of which is a rectangular 22 yard long pitch.Each team takes its turn to bat, attempting to score runs, while the other team fields. The... more

Cricket is a bat-and-ball game played between two teams of 11 players each on a field at the center of which is a rectangular 22 yard long pitch.Each team takes its turn to bat, attempting to score runs, while the other team fields. The main objective of any team is to win the match. The result of a match is a win when one side scores more runs than the opposing side and all the innings of the team that has fewer runs have been completed. The performance evaluation in cricket is very critical issue in this game.Performance of players directly affects team`s and their ranking internationally. Hence, the success or failure of any team lies in the skills and abilities of the players that comprise the team.This paper proposed a new tool based on Fuzzy Inference System (FIS) to evaluate the performance of a cricket player. FIS is a process to formulate the mapping from given input to an output using fuzzy logic. Various new parameters are used in this tool which can make affect on the performances of players and can improve the quality of performance evaluation in cricket. This tool will be useful to make the ranking of players and for the selection of players based on performances.

This paper consists of an introduction of the Erdemović’s case and its’ particularities, followed by an analysis of the different arguments put forward by the judges of the Appeal Chamber of the ICTY. After, several considerations to... more

This paper consists of an introduction of the Erdemović’s case and its’
particularities, followed by an analysis of the different arguments put forward by the judges of the Appeal Chamber of the ICTY. After, several considerations to defend Cassese’s dissent as the most persuasive are presented, wrapping up the paper with some brief conclusions.

The Duckworth Lewis (D/L) System is used to reset targets in the second innings of a game of cricket should it be interrupted by rain, sandstorms, bad light or a crowd issue. Time and again, skepticism has been expressed in newspapers... more

The Duckworth Lewis (D/L) System is used to reset targets in the second innings of a game of cricket should it be interrupted by rain, sandstorms, bad light or a crowd issue. Time and again, skepticism has been expressed in newspapers about the credibility of this method. As a cricket enthusiast who was curious, I decided to take this opportunity to explore the mathematics that is used in this very important system of prediction. Before getting into the details, I decided to look at the history of methods to reset targets to see how different methods of revising targets have evolved over time. This helped me understand past problems and how they were countered. Then, I explored the D/L system to understand what it was and how it is used. Knowledge about the D/L method is very limited, so I tried to grasp it with the best of my ability. I observed that one of the drawbacks of using the D/L method was that the quality of batsmen and bowlers was not accounted for. To tackle this assumption and improve the prediction mechanism of the D/L method, I decided to create my own variable and include it in the D/L method. This is my proposal for an improvement to the current prediction method.

La question des conflits d’intérêts dans l’arbitrage international s’est approfondie avec l’expansion de l’arbitrage qui s’est imposé comme le moyen naturel de règlement des litiges du commerce international. Le sujet intéresse par... more

La question des conflits d’intérêts dans l’arbitrage international s’est approfondie avec l’expansion de l’arbitrage qui s’est imposé comme le moyen naturel de règlement des litiges du commerce international. Le sujet intéresse par conséquent les universitaires et les praticiens. Les relations croisées se multiplient entre les avocats-conseils et les arbitres exerçant dans ce domaine, ce qui crée un accroissement des conflits d’intérêts potentiels et avérés. Une difficulté liée à cette évolution réside notamment dans l’instrumentalisation du conflit d’intérêts aux fins d’entrave au bon règlement du litige. Ainsi, certaines parties utilisent cet argument comme manœuvre dilatoire perturbant le bon déroulement de la procédure tant au niveau de la constitution du tribunal arbitral qu’une fois la sentence prononcée. La gestion des conflits d’intérêts dans l’arbitrage international est essentielle à la crédibilité et à la prospérité de ce mode de règlement des litiges.

In 2012 a Turkish seller and an Italian buyer concluded a contract for the sale of cowhides. The contract provided that the buyer would give the seller notice of the lack of conformity of the goods within one month of their arrival,... more

In 2012 a Turkish seller and an Italian buyer concluded a contract for the sale of cowhides. The contract provided that the buyer would give the seller notice of the lack of conformity of the goods within one month of their arrival, together with an expert statement. Upon their arrival in Italy the goods were examined by the expert, who apparently found them defective. The buyer failed to give notice thereof to the seller. Subsequently the parties held a meeting in Moscow, also attended by the Russian supplier of the seller. The parties agreed that the buyer would immediately pay part of the price due, while the remaining amount would be paid 30 days later. In the meantime the Russian supplier should inspect the goods in Italy and possibly pay the buyer's debt. The Russian supplier failed to proceed with the agreed examination. The buyer then informed the seller that, due to the Russian supplier's omission, it was released from the obligation to pay the remaining part of the price: in its opinion the Moscow agreement amounted to a true novation of the original obligation to pay, by virtue of which the Russian supplier assumed the debt, releasing the buyer. Finally the buyer sold the allegedly non-conforming goods. The contracts entered into between the parties do not contain a choice of law provision. Claimant has argued that this Tribunal should apply the law of the lex loci venditoris while incorporating the application of the Vienna Convention. Respondent on the other hand, has argued that no specific national law should apply to the dispute, but rather those general principles of international commercial law and accepted usages in international commercial practice, including the principle of good faith, should govern. Seller (Claimant) filed a case and asked for the remaining part of the price and interest. Buyer (Respondent) asserted that there was a novation of the original obligation to pay.

An analysis of the never-ending codification process and the endorsement of an extended application

Référence: GUELDICH (H.), « La Cour pénale internationale : une justice trébuchante », in Recueil d’études offert en l’honneur du Pr. Rafâa Ben Achour, Mouvances du Droit, Simpact, 2015, Tome III, pp.89-130.

This paper explores a wide range of virologic, physiologic, environmental, historical, political, economic, psychological, legal/criminological and military factors necessary to construct a statistical model of the genesis of COVID-19 in... more

This paper explores a wide range of virologic, physiologic, environmental, historical, political, economic, psychological, legal/criminological and military factors necessary to construct a statistical model of the genesis of COVID-19 in November/December 2019 in Wuhan China. At this time researchers around the world are racing to develop COVID-19 vaccines and treatments for existing cases. Contrary to media promoted statistics, this study reveals COVID-19 has an infection rate 19.4 times faster than SARS, and is already four times deadlier two months into the spread of this disease (December 8, 2019-February 8, 2020). Authorities in China and the United States are both claiming that COVID-19 came about in a natural way implying it was definitely not the result of an accidental or intentional containment breech at Wuhan Virology Institute or a more sophisticated biological weapon attack. Any arguments to the contrary are swiftly discredited as “conspiracy theories.” Overlapping but otherwise much different rational for American and Chinese governments to assert the genesis of this disease was a natural occurrence are also explored and evaluated. Simultaneously understanding the genesis of a novel virus may be helpful in developing vaccines and a cure. To write there is a ‘strong relationship’ between the American DARPA contracted ‘Galveston National Laboratory - Infectious Disease Research Center’ in Texas USA and Wuhan Institute of Virology is an understatement as according to the Galveston National laboratory internet site they are directing the Wuhan maximum biocontainment laboratories (MCLs). The relative probabilities of COVID-19 naturally evolving in Wuhan at that time, accidental containment breech, intentional containment breech and biological weapons attack are explored. The role of the American Defense Planning Guidance (DPG) as a potential rational and in effect a mandate for initiating a bioweapon attack on China is explored, as is potential complicity in a possible bioweapons attack on China by various US ally nations whose current political structures require the maintenance of American hegemony. It is concluded that 1) the Chinese central state has done everything reasonably possible to share information concerning the outbreak and spread of COVID-19, inhibit that spread, and develop a cure and vaccine, 2) based on a large number of known possible causative factors it is at least 50% possible the genesis of the COVID-19 was not a product of “natural forces” but rather either an accidental or intentional containment breech or a more sophisticated bio-weapon attack designed with CRSPR gene-editing technology at DARPA for the purpose of diminishing Chinese economic development and assuring the preservation of American global economic hegemony. Recommendations in the conclusions of this article include a) rational for a bifurcated news reporting approach in the US and China to minimize risks in both countries b) an American public, Congressional and Senate evaluation of the DPG as a possible cause of international conflict and war, c) an international body must be formed to investigate, regulate and monitor BSL-3 and BSL-4 research, safety standards and containment breeches, and forcibly stop bioweapons development as there is none now. This international body must have enforcement powers to stop bioweapons development permanently. d) There must be a global on-line publicly accessible record of all pathogens and where they are so when containment breeches occur people at least know what is killing them and where it came from. Penalties for violating these new bio-pathogenic laws should be strong enough to present a powerful deterrence. No nations’ “national security” should preempt the right of all people to live free of biological warfare weapons or the fear of them.

Part of the International Critical Commentary. The author is Gould, Ezra Palmer ( 1841-1900). As far as I know this book is in the public domain and I freely publish it here for people who search for a free but older commentary on the... more

Part of the International Critical Commentary. The author is Gould, Ezra Palmer ( 1841-1900). As far as I know this book is in the public domain and I freely publish it here for people who search for a free but older commentary on the Gospel of Mark. It is also available in archive.org in many other formats. Published in 1912 by Clark, Edinburgh.

The International Criminal Court (ICC) is the first permanent international tribunal established by the Rome Statute in which rape and other forms of sexual violence crimes are listed as crimes against humanity and war crimes. The Rome... more

The International Criminal Court (ICC) is the first permanent international tribunal established by the Rome Statute in which rape and other forms of sexual violence crimes are listed as crimes against humanity and war crimes. The Rome Statute also recognized persecution as a crime against humanity on the grounds of gender. The inclusion of a broad range of gender crimes in the Statute has been seen a groundbreaking development in international criminal justice and widely accepted that the ICC would end the history of impunity for gender crimes in international criminal law. In my dissertation, I examine whether the ICC has been successful in terminating impunity for gender crimes, as it was thought. In this context, first I elucidate the evolution of the conflict-related sexual violence crimes in international criminal justice. After, I examine the feminist movement’s contribution to the inclusion of gender crimes in the Rome Statute. Last, I analyze the ICC’s investigation, prosecution, ​and interpretation strategies for gender crimes by focusing on the Kenyatta case of the Court, in order to display whether the Court has been successful on the punishment of these sexual violence crimes so far.

Özet: Günümüzün sınırlar ötesi iş dünyası, birleşme ve devral-maların haricinde ortaklıkların değişik formlarını kullanmaktadır. Bu iş ortaklıklarında belli bir projeyi birlikte üstlenen firmalar, aynı za-manda hukuki bağımsızlıklarını... more

Özet: Günümüzün sınırlar ötesi iş dünyası, birleşme ve devral-maların haricinde ortaklıkların değişik formlarını kullanmaktadır. Bu iş ortaklıklarında belli bir projeyi birlikte üstlenen firmalar, aynı za-manda hukuki bağımsızlıklarını korumaktadırlar. İş ortaklığına dahil müteşebbisler arasındaki bağ sıkı veya gevşek olabilir. Uluslararası Ticaret Hukukunda, uluslararası inşaat sektöründe görülen başlıca iş ortaklığı türleri; Joint Venture, Konsorsiyum ve AB ülkeleri ile onların hukukunu benimseyen diğer ülkelerde Avrupa Ekonomik Menfaat Gruplaşması (The European Economic Interest Grouping)'dır. Abstract: Today's cross-border business world uses various forms of partnerships beside mergers and acquisitions. Companies which undertake a certain project in these business partnerships also protect their legal independence. The links between entrepreneurs included in business partnership can be tight or loose. In International Trade Law, major types of business partnerships of the international construction industry are: Joint Venture, Consortium and the European Economic Interest Grouping (EEIG) in EU countries and other countries where laws of EU countries are adopted.

Document is in French.
ICC sentence.

Intercultural understanding is increasingly prioritized in the teaching and learning of world languages. Empirical evidence reveals the ways in which an intercultural communicative approach to foreign language instruction can foster... more

Intercultural understanding is increasingly prioritized in the teaching and learning of world languages.
Empirical evidence reveals the ways in which an intercultural communicative approach to foreign
language instruction can foster learners’ intercultural competence (Garrett-Rucks, 2016). Yet, in the
U.S., there remains a disconnect in the distribution of federal funds for internationalization efforts to
foster learners’ intercultural understanding and the support given for world languages study, in which
enrollment continues to fall (MLA, 2018). This position paper is intended to raise awareness of the
crucial role of foreign language (FL) learning in fostering learners’ intercultural understanding in
order to put into question the underestimated role of FL learning in U.S. educational policies and
internationalization efforts. Despite the lack of financial, political and educational policy support,
current World Language teacher certification practices in the U.S. require candidates to provide
evidence of their intercultural approach to language instruction. This paper describes the emphasis on
cultural reflection in current U.S. World Languages teacher certification practices and provides a
review of meaningful culture learning projects to encourage all language instructors to take an
intercultural communicative approach to their instruction.

The legal definition of rape still causes debate and unsolved problems in both domestic jurisdictions and in International Criminal Law (ICL). This essay is concerned with the definition of rape in wartime in ICL, as a uniform statutory... more

The legal definition of rape still causes debate and unsolved problems in both domestic jurisdictions and in International Criminal Law (ICL). This essay is concerned with the definition of rape in wartime in ICL, as a uniform statutory definition does not yet exist. I will focus specifically on the debate whether a coercion or a consent-based approach should be favoured in defining rape in ICL. This essay argues in favour of a consent-based approach because the element of consent gives women agency. Nevertheless, the special circumstances of war should not be disregarded. This is why I suggest a shifting of the burden of proof in wartime, regarding the element of non-consent. Non-consent is assumed, and the defendant would need to prove consent. This approach enables a balance between the wish of the victim to prosecute the crime committed against him/her effectively and the rights of the defendant.

The aims of this paper are: 1) To test whether the “integrated approach” exists in the areas of individual criminal responsibility and the international criminal justice system; 2) To determine if the current system of international... more

The aims of this paper are:

  1. To test whether the “integrated approach” exists in the areas of individual criminal responsibility and the international criminal justice system; 2) To determine if the current system of international criminal justice, and in particular that established by the International Criminal Court Statute, is satisfactory; 3) To verify whether the 2010 Review Conference of the ICC Statute has improved international criminal justice; 4) To examine if the practices of both ICC and other institutions have produced any further improvements; and5) Finally, to explore the necessary reforms to be made in order to turn the ICC into a more effective international criminal justice institution.

This paper focuses on the formulation of the principle of proportionality under international criminal law, and more specifically, under the Rome Statute, followed by an analysis of the wording of this provision, comparing it with the... more

This paper focuses on the formulation of the principle of proportionality under international criminal law, and more specifically, under the Rome Statute, followed by an analysis of the wording of this provision, comparing it with the Article 51(5)(b) of the Additional Protocol I of the Geneva Conventions (API), which contains a structurally similar clause but with some major wording differences. It also refers to the ICTY jurisprudence and the opinion of scholars. More specifically, this paper starts with an analysis of the actus reus of Article 8(2)(b)(iv), followed by the required mens rea, and finishes with brief conclusions.

Since the 1990s the dynamic growth of international criminal law has been acutely observable, mostly connected with its institutionalization and specifically in the context of the establishment of several international criminal courts -... more

Since the 1990s the dynamic growth of international criminal law has been acutely observable, mostly connected with its institutionalization and specifically in the context of the establishment of several international criminal courts - ad hoc tribunals, and so-called “hybrid courts”, and above all the permanent International Criminal Court (hereinafter the ‘Court’ or ‘ICC’).
The principle of complementarity, as designed in the Rome Statute (RS) establishing the ICC gives a state priority in prosecuting international crimes. The Preamble of the RS leaves no doubt in this regard, stating that: “It is the duty of every State to exercise its criminal jurisdiction over those responsible for international crimes”. The complementarity principle is aimed at balancing the interests of states with those of global justice, which is why the priority in exercising prosecution was left to states, with the ICC to act as a court of a “last resort”, only in situations when 1) a state was not acting at all; 2) its actions were not genuine; and the state in fact was unable or unwilling to prosecute the case. It should be noted that there is an overlap between these conditions which, gives rise to some doctrinal confusion. The aim of such “complementary jurisdiction” is to prevent the impunity of criminals and to ensure the initiation of an effective criminal procedure in the case of designated international crimes. Article 17 of the RS leaves it to the Court itself to assess the admissibility of a case, in other words to make the final decision on whether to prosecute a given case in the ICC.
This research project was aimed at verifying the thesis that complementarity is designed to balance the interests of states and global justice, and is not a threat to states’ sovereignty. At the same time it critically analyzes the prerequisites of admissibility, attempting to show how the practice of the Court makes it possible to formulate a model of states’ actions which could satisfy the ICC that a state is genuinely willing and able to prosecute the case itself, thus obviating the ‘threat’ that the ICC will exercise jurisdiction.
Hence the goals of the research project are twofold - firstly to analyze whether the proper balance between the interests of states and global justice has been attained; and secondly to determine what conditions should be fulfilled by states to render a case inadmissible before the ICC.
The mechanism of admissibility requires not only an assessment of complementarity (specifically whether a state is properly exercising its jurisdiction in a concrete case), but also an assessment of the gravity of a case, i.e. whether a given case is sufficiently grave to justify further action by the ICC. If the assessment is that a case is sufficiently grave, the key factor becomes whether the state is genuinely acting. If not, the situation will be deemed to be one of inaction and will be almost automatically admissible to the ICC. In cases of inaction the ICC will not even examine the other prerequisites of admissibility – unwillingness and inability.
The conducted research allows for verification of the given thesis and for the formulation of several conclusions referring simultaneously to admissibility and complementarity, especially in the light of the sovereignty of states.

Setting out from the basic legal issues in relation to subpoenas, i.e., the normative framework, requirements and meaning this article explores how international institutions have interpreted the relevant rules on compulsory process to... more

Setting out from the basic legal issues in relation to subpoenas, i.e., the normative framework, requirements and meaning this article explores how international institutions have interpreted the relevant rules on compulsory process to obtain evidence from states organs of states and private This essay is not intended as an exhaustive study of compulsory production of evidence in international criminal law. Rather, it is an attempt to focus on certain emerging issues and in particular on the experiences of international organs in terms of subpoenas (and largely the jurisprudential findings on the compulsion of evidence of state officials) reflecting the traditional inter-state community’s evolution towards the redefinition of state sovereignty following the internationalization of human rights, namely, towards the global community.

The International Criminal Court's intervention into the ongoing civil war in northern Uganda evoked a chorus of confident predictions as to its capacity to bring peace and justice to the war-torn region. However, this optimism is... more

The International Criminal Court's intervention into the ongoing civil war in northern Uganda evoked a chorus of confident predictions as to its capacity to bring peace and justice to the war-torn region. However, this optimism is unwarranted. The article analyzes the consequences for peace and justice of the ICC's intervention, dividing them into two categories: first, those resulting from the political instrumentalization of the ICC by the Ugandan government; second, those resulting from the discourse and practice of the ICC as an institution of global law enforcement.