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3 - The Creation of a Permanent International Criminal Court

Published online by Cambridge University Press:  20 April 2018

Jonathan Hafetz
Affiliation:
Seton Hall University, New Jersey
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Summary

This chapter focuses on the ICC, the first permanent international criminal tribunal, established by the Rome Statute of 1998. Unlike the ad hoc tribunals, which were created by the UN Security Council, the ICC was created by an international treaty. The chapter examines the modes of vicarious liability at the ICC and their relationship with principles of fair labeling (the principle that the label for a criminal act should accurately reflect its wrongfulness and severity) and personal responsibility (the principle that individuals are personally culpable for the criminal acts for which they are prosecuted). It then describes how the ICC expands the fair trial protections for defendants. Yet, as the chapter explains, various factors impede implementation of these protections. The chapter discusses such issues as restrictions on the disclosure of information to defendants, increased reliance on written testimony, and greater use of case management tools, all of which can limit a defendant’s ability to challenge the evidence against him. The chapter also explores how the ICC’s diverse goals—particularly, its recognition of victims’ rights—can conflict with the rights of the accused. It then explores another dimension of fairness—the selection of situations and cases for investigation and prosecution.
Type
Chapter
Information
Punishing Atrocities through a Fair Trial
International Criminal Law from Nuremberg to the Age of Global Terrorism
, pp. 70 - 108
Publisher: Cambridge University Press
Print publication year: 2018

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