Journal Article

Challenges to the Independence of the International Criminal Court from the Assembly of States Parties

Hannah Woolaver and Emma Palmer

in Journal of International Criminal Justice

Volume 15, issue 4, pages 641-665
Published in print September 2017 | ISSN: 1478-1387
Published online August 2017 | e-ISSN: 1478-1395 | DOI: https://dx.doi.org/10.1093/jicj/mqx022
Challenges to the Independence of the International Criminal Court from the Assembly of States Parties

More Like This

Show all results sharing these subjects:

  • Criminal Law
  • International Law
  • International Criminal Law
  • International Humanitarian Law
  • Transnational Crime

GO

Show Summary Details

Preview

Abstract

The Assembly of States Parties (ASP) to the Rome Statute of the International Criminal Court (ICC) plays a significant role in relation to the ICC and, by extension, international criminal justice. Non-governmental organizations and some states have expressed concern about the potential for the ASP process to unduly influence the exercise of the judicial and prosecutorial functions of the ICC. This article uses three examples stemming from recent ASP sessions to analyse the ASP’s potential to influence the work of the Prosecutor and the Chambers of the ICC: (1) the ASP’s legislative function with reference to ASP changes to the ICC Rules; (2) the non-cooperation of Rome Statute parties with the ICC; and (3) the budget approval process. It argues that the ASP risks undermining the ICC’s judicial and prosecutorial independence. However, civil society participation in the ASP process, respect for the sub judice principle, and the development of an ultra vires doctrine could moderate this influence.

Journal Article.  11696 words. 

Subjects: Criminal Law ; International Law ; International Criminal Law ; International Humanitarian Law ; Transnational Crime

Full text: subscription required

How to subscribe Recommend to my Librarian

Users without a subscription are not able to see the full content. Please, subscribe or login to access all content. subscribe or login to access all content.