The Cooperation of States With the International Criminal Court

This Article explores the various cooperation obligations included within the Rome Statute related to arrest and surrender; investigation and evidence gathering; privileges and immunities of Court officials; witness protection; enforcement of ICC sentences, fines, and forfeiture orders; and offenses against the administration of justice. The nature of each obligation will be discussed within the context of the Rome Statute itself, its negotiation history, and a comparison of how Canada, Switzerland, and the United Kingdom have implemented their obligations to cooperate with the ICC into their domestic law, to the end of providing technical assistance to States undertaking the important task of implementing the Rome Statute

Procedural Steps Addressing Sexual and Gender-based Violence: the Legacy of the International Criminal Tribunal for Rwanda and its Application in the Special Court for Sierra Leone

This paper examines certain procedural strategies adopted by the International Criminal Tribunal for Rwanda (ICTR) to encourage and support victims of, and witnesses to, sexual and gender-based violence and traces their application in the Special Court for Sierra Leone. First, the paper explores specific methods used to protect the identity of victims and witnesses. Second, this paper considers steps taken by the ICTR to provide courtroom support to victims and witnesses. Finally, this paper surveys evidentiary approaches meant to reduce the retraumatization of sexual violence victims. The ICTR indeed has a legacy in these respects, somewhat positive and somewhat flawed

Negotiating an Institution for the Twenty-First Century: Multilateral Diplomacy and the International Criminal Court

The authors review the decades of discussion and years of negotiation that led to the adoption of the Statute of the International Criminal Court in 1998. By placing the creation of the International Criminal Court in its historical context, they emphasize the significance of the statute and the Court for international law. The lecture discusses various provisions of the statute, highlighting controversial aspects such as the jurisdiction of the Court and the crime of aggression. The statute reflects the compromises struck throughout the negotiations, compromises that are a necessary part of multilateral diplomacy. Though it was not possible to reconcile fully the concerns of all states, the authors point out that the statute achieves an important balance that allows for widespread support from the international community while establishing an institution that has the power to punish those responsible for the most serious crimes in international law. That this balance is a success is, in the authors\u27 view, reflected in the ever-growing levels of support for the Court They detail the challenges faced by the Preparatory Commission in transforming the Court from a statutory model to a working judicial institution. Finally, the authors examine the positive impact that ratification and implementation of the statute is having on reform of domestic laws criminalizing genocide, crimes against humanity, and war crimes