The Rome Statute of the ICC at Its Twentieth Anniversary Achievements and Perspectives

267 Pages·2019·2.198 MB·English

by  Pavel Šturma

The Rome Statute of the ICC at Its Twentieth Anniversary
<<UUNN>>
Queen Mary Studies in
International Law
Edited by
Malgosia Fitzmaurice
Sarah Singer
volume 33
The titles published in this series are listed at brill.com/qmil
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The Rome Statute of the icc at
Its Twentieth Anniversary
Achievements and Perspectives
Edited by
Pavel Šturma
leiden | boston
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Contents
On the Authors  vii
Introduction  xi
Part 1
A Way to the Rome Statute and Beyond
1 Ad Hoc Tribunals and Their Significance for Developing the Activities of
the ICC  3
Anna Richterová
2 The System of Operation of International Criminal Justice Fora, in
Particular of the International Criminal Court – Will the Future Be
Governed by Politics, Orders or Law?  13
Tamás Lattmann
3 The Rome Statute of the ICC and the Recent Works of the International
Law Commission  27
Pavel Šturma
Part 2
Contribution of the icc to the Definition and Interpretation of
International Crimes
4 On the Activation of ICC Jurisdiction over the Crime of
Aggression  45
Claus Kreß
5 International Criminal Court, War Crimes and Crimes against
Humanity  65
Josef Mrázek
6 Contribution of the International Criminal Court to the Prosecution of
Sexual and Gender-Based Crimes: between Promise and Practice  83
Kateřina Uhlířová
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vi Contents
7 Mental Element (Mens Rea) of the Crime of Aggression and Related
Issues  106
Milan Lipovský
Part 3
Preliminary Examination and Investigation
8 Making the Wrong Enemies? The ICC Prosecutor’s Dilemma When
Targeting Powerful States at the Preliminary Examination Stage  125
Iryna Marchuk and Aloka Wanigasuriya
9 The International Criminal Court and Syria: the Absence of Jurisdiction
and the Pressing Need for International Criminal Justice  148
Jan Lhotský
10 The Principle of Complementarity in Practice  163
Kristýna Urbanová
11 Al-Bashir and the ICC – Tag, Hide-and-Seek … or Rather Blind Man’s
Bluff?  177
Ondřej Svaček
Part 4
Trials
12 All Roads Lead to Rome – Lifting the Veil on the ICC’s Procedural
Pluriformity  193
Simon De Smet
13 Experience from the Special Tribunal for Lebanon  207
Ivana Hrdličková
Bibliography  223
Index  251
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On the Authors
Simon De Smet
is a Legal Officer in the Trial Division of the International Criminal Court. He
also is an Affiliate Lecturer at the Law Faculty of the University of Cambridge,
where he teaches international criminal law. He holds an LL.M. degree from
Columbia University and a Ph.D. from the University of Cambridge. His new
book Rethinking Fact-Finding by International Courts is due to be published
by Cambridge University Press later this year.
Ivana Hrdličková
(Judge, President of the Special Tribunal for Lebanon), board member of the
CEELI Institute (Prague), member of the ILAC (Sweden), expert and lecturer in
public international law, international criminal law, the relation between inter-
national and islamic law, the development of the rule of law in post-r evolution
societies and in transitional justice, strengthening the independence of judg-
es, judicial ethics, human rights, money laundering and terrorism financing
issues. Author of various articles regarding these matters.
Claus Kreß
is Professor for Criminal Law and Public International Law. He is Director of the
Institute of International Peace and Security Law at the University of Cologne.
His prior practice was in the German Federal Ministry of Justice on matters
of criminal law and international law. Since 1998 he has been a member of
Germany’s delegations in the negotiations regarding the International Crimi-
nal Court. He served as a War Crimes Expert for the Prosecutor General for
East Timor (2001), as Head of the ICC’s Drafting Committee for the Regulations
of the Court (2004), as a sub-coordinator in the negotiations on the crime of
aggression, and as a Special Advisor to the Independent Israeli Public Commis-
sion to Examine the Maritime Incident of 31 May 2010 (‘Turkel Commission’)
– Second Report (2011–12). His more than 150 publications cover both Criminal
and Public International Law with an emphasis on the International Law on
the Use of Force, the Law of Armed Conflicts and International Criminal Law.
Tamás Lattmann
is a senior researcher at the Institute of International Relations (Prague) and
associate professor of the University of New York in Prague. His field of exper-
tise covers international humanitarian law and human rights law, his current
research focuses on IT warfare.
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viii On the Authors
Jan Lhotský
After finishing his doctoral studies in international law, Jan worked in a law firm
as well as in the European External Action Service in Brussels which is respon-
sible for EU external relations. He holds an E.MA human rights degree from
Venice and published two monographs (International Criminal Court, Human
Rights Protection in International Law). He was also a Visiting Professional at
the chambers of the International Criminal Court in The Hague. Jan is a head of
the Czech Centre for Human Rights and Democracy. Within public internation-
al law he focuses mainly on human rights and international criminal justice.
Milan Lipovský
is a senior lecturer and researcher at the Department of International Law,
Faculty of Law, Charles University in Prague, Czech Republic, member of the
European Society of International Law, Czech Society of International Law,
UNCE (Research Centre for Human Rights of the Charles University). He
graduated from the Charles University in 2010 (Mgr.) and 2015 (Ph.D.). His focus
is on international criminal law and human rights protection. In 2017 he pub-
lished monography (in Czech) on the crime of aggression in the Rome Statute
of the International Criminal Court after the Kampala review conference.
Iryna Marchuk
is Associate Professor at the Faculty of Law at the University of Copenhagen
(Denmark). She obtained her Ph.D. degree from the University of Copenhagen
(2011). She held appointments as a visiting scholar at the Castan Centre for
Human Rights Law at Monash University (2016) and the Lauterpacht Centre
for International Law at the University of Cambridge (2009–2010).
Josef Mrázek
is a Senior Research Fellow at the Institute for State and Law of the Czech
Academy of Sciences and Lecturer in Public International Law, West Bohemia
University in Pilsen, Attorney at Law in Prague since 2003. Dr. Juris, Charles
University (1967), Candidate of Sciences in Law – CSc (PhD 1974), Doctor of
Sciences in Law – Dr.Sc (the highest scientific degree) 1988. Member of the
Czech Society of International Law, member of the Czech Branch of ILA, mem-
ber of the Use of Force Committee ILA, for many years Head of International
Public and Private Law at the Czechoslovak Academy of Sciences. Served as
advisor to the Foreign Ministry. Author or co-author of about 300 publications
on international public and private law.
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On the Authors ix
Anna Richterová
has over 25 years’ experience in the judiciary as a prosecutor. She began her
career as a prosecutor with the District Prosecutor’s Office in Prague-East mov-
ing to regional level in Prague. In the years 1999–2008 she worked as a Trial
Attorney and later as a Senior Trial Attorney in the Office of the Prosecutor of
the International Tribunal for the former Yugoslavia in The Hague, The Nether-
lands. She was involved in all aspects of investigation and prosecution of per-
sons responsible for war crimes and crimes against humanity. In October 2008
she took up the position of a Deputy National Member for the Czech Republic
at Eurojust in The Hague, The Netherlands. Her work mainly concerned the
facilitation and coordination of international legal cooperation with respect to
a vast majority of cross-border and organised crime cases. Since February 2016
she has served as a public prosecutor at the International Department of the
Supreme Public Prosecutor’s Office of the Czech Republic.
Ondřej Svaček
is a senior lecturer at the Department of International and European Law,
Faculty of Law, Palacký University in Olomouc and the Department of
International and European Law, Faculty of Law, Masaryk University in Brno.
He specializes in international criminal law, international human rights law
and general issues of public international law (e.g. law of State responsibility,
jurisdictional immunities, creation of States). In 2017, he published monog-
raphy concerning the law and practice of the International Criminal Court
(Mezinárodní trestní soud (2005–2017). C.H. Beck: Praha, 2017).
Pavel Šturma
is Professor and Head of the Department of International Law, Faculty of Law,
Charles University in Prague, Czech Republic, coordinator of UNCE (Research
Centre for Human Rights of the Charles University), and a senior research fel-
low at the Institute of Law of the Czech Academy of Sciences. He is member of
the UN International Law Commission (2012–2016, 2017–2021), president of the
Czech Society of International Law and Editor-in-chief of the Czech Yearbook
of Public and Private International Law. Member of the Czech Branch of ILA,
member of ASIL, ESIL and SFDI. As an external advisor of the Ministry of
Foreign Affairs, he was member of the Czech delegation to the Rome Confer-
ence on the International Criminal Court. His more than 160 publications cov-
ers both general issues of Public International Law and International Criminal
Law as well as Human Rights law.
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