Suchergebnisse

AbstractInternational criminal law, like all areas of law, must continue to evolve to reflect contemporary realities. This article demonstrates that the current subject matter jurisdiction of the International Criminal Court under theRome Statuteis very much an artefact of history, and it argues that the historical and reactive line that the statute draws between "core" international crimes and other serious international or transnational crimes is inadequate. In order to ensure that international criminal law continues to evolve in a reasoned and principled manner, states need to better articulate the criteria by which conduct is included within the category of "the most serious crimes of concern to the international community as a whole." Using a primarily inductive approach, the article considers a number of such criteria that have been considered over the years. It concludes that, when assessed in the context of their systematic and organized perpetration, many other serious international and transnational crimes raise some of the same concerns that underpin the current core international crimes, suggesting that it may be time for the international community to consider redrawing the line.

AbstractThe International Criminal Court's (ICC) Office of the Prosecutor (OTP) has described the preliminary examination as one of its "three core activities," alongside investigating and prosecuting crimes under the Rome Statute of the International Criminal Court (Rome Statute). Honing in on this once-mysterious "core activity," this article contributes to the recently expanding literature on preliminary examinations at the ICC by providing a much needed comprehensive picture of all preliminary examinations conducted to date. The twentieth anniversary of the court's founding treaty, the Rome Statute, provides a timely opportunity for this review as part of the broader effort to take stock of the ICC's achievements, failures, and future. The article demonstrates that, despite not having full investigatory powers at the preliminary examination stage, the OTP is very active during this phase. It interacts with a wide range of domestic and international actors and makes decisions on important legal issues that go to the heart of the ICC's work. Paying close attention to preliminary examinations is therefore critical to understanding the OTP's work, to understanding which actors engage with, and seek to "use," the ICC, and to understanding important debates about the ICC's legitimacy.