THE FAILURE OF INTERNATIOBAL CRIMINAL COURT TO ARREST SUSPECTS IMPEDES
ITS FUNCTIONALITY
1
Introduction
The international criminal Court of Justice (ICC) has played an essential role in
promoting harmony, peace and fairness concerning justice among member states across the
world. The ICC was formed in 1998 after 120 states adopted a statue in Rome and this
took place for the first time where these states accepted the presence of a single permanent
international criminal court that could prosecute the perpetrators of the crimes considered
to be the most serious within the jurisdiction of the Court.
1
Importantly, it is good to note
that this Court was not created to substitute the national courts within the member states.
The Rome statue asserts that every member state has the responsibility to exercise the
criminal jurisdiction over any individual who is responsible for any international crimes.
2
Therefore, these states have the responsibility of ensuring that those who commit crimes
are arrested and presented to the Court for prosecution. However, failure to arrest those
perpetrators of international crimes is a big problem to the system because it impedes its
effectiveness and purpose. In the case where the country is not willing to arrest or is not
able to arrest perpetrators, it has the power to carry out the prosecution and investigations
into the perpetrators. Despite such powers, there have been various scenarios as cited by
Prosecutor Fatou Bensouda that have impeded its effectiveness. It is argued that the failure
to arrest suspects has profound effects not only to the International Criminal Court but also
to the office of the prosecutor and the member states.
The effectiveness of the ICC is based on numerous factors ranging from the ability to
arrest, cater evidence and prosecute the criminals in a fair and just manner. It means that
for it to be effective, the first step is the successful arrest of international criminals whose
crimes fall into its jurisdiction. However, Fatou Bensouda, the ICC prosecutor says, “Failure
1. Gentile, Lynn. "Understanding the International Criminal Court." The African Guide
to the International Criminal Court. Pretoria: Institute for Security Studies (2009).
2.IBID
2
to arrest ICC suspects impedes the Court’s ability to properly exercise the mandate
bestowed upon it by its States Parties.” It means that there have been isolated cases where
it has not been able to arrest perpetrators of serious crimes, which implies its effectiveness.
Any form of effort meant to make its performance better is incomplete when there are no
severe considerations and measures for enhancing the cooperation among members which
is a critical element at the centre of the performance and the functionality of this Court and
the Rome Statute system.
3
Justice begins with the arrest of those who perpetrate crimes
and failing to arrest such criminals makes it hard for justice to be achieved in society.
The failure to arrest a criminal is also a violation of the Rome Statute by the ICC,
which means that it has the mandate to ensure that criminals are arrested. The ICC,
despite the support from the majority of the member states, has failed to arrest critical or
perpetrators of serious crimes, including other fugitives as they cross the international
borders. This unfortunate fact is likely not to end if its security council remains not able to
take action regarding non-compliance.
4
The failure to make such arrests emanates from the
fact that some of the member states are not cooperative in helping the prosecutor to make
arrests. For instance, the ICC Security Council failed to meet the Rome statute requirements
of arrest serious crimes perpetrators when it failed to arrest the fugitives who had been
indicted over the crimes against humanity in Darfur, Sudan.
5
As a result, it brings about
unnecessary delays and as clearly stated in various scenarios, “justice delayed is justice
denied.”
Credibility and The Whole Project is Undermined
3. International Criminal Court. Understanding the International Criminal Court.
International Criminal Court, 2013.
4. Stahn, Carsten, ed. The law and practice of the International Criminal Court.
Oxford University Press, USA, 2015.
5. Condorelli, Luigi, and Annalisa Ciampi. "Comments on the Security Council
Referral of the Situation in Darfur to the ICC." Journal of International Criminal Justice 3,
no. 3 (2005): 590-599.
3
The failure to arrest international crime perpetrators also implies the Court itself.
According to prosecutor Fatou Bensouda, “It undermines the credibility of the Court and the
international justice project as a whole.” The need to provide peace and justice is closely
related to the ability to arrest criminals, and this should be the central aspect of the ICC’s
work. Failure to arrest criminals is the crucial reason why the ICC has been intensely
criticized for not upholding justice and also for not promoting peace.
6
The credibility of a
court is based on arrests that lead to the presence of witnesses, which ensures that there is
evidence that makes a court deliver reasonable judgments. The absence of arrests from the
ICC is a severe problem because it is a critical part of any investigation. Such failures mesa
that critical details of the events or crimes are not provided since there will be no witnesses
presented against the arrested criminal, a critical component of the evidence gathered.
7
When witnesses are not available to the absence of arrests, the ICC loses its credibility.
The international justice project as a whole is a critical competent of international
law and the Rome Statute. Given the urgency and the importance of this project, it is clear
that ICC plays an essential role for its member states. It is a project meant to ensure that it
provides logistical and legal support to those member states seeking to make submissions
or applications to participate in the ICC proceedings.
8
Also, ICC, as a project, has a mandate
t ensure that it investigates, prosecutes and tries individuals accused of various crimes and
failing to initiate arrests makes the whole project meaningless as it is the critical reason for
6. Ferencz, Benjamin B. "The International Criminal Court: The Making of the Rome
Statute—Issues, Negotiations, Results. Edited by Roy S. Lee. The Hague, London, Boston:
Kluwer Law International, 1999. Pp. xxxv, 659. Index. Fl 295; $177;£ 103.25." American
Journal of International Law 94, no. 1 (2000): 218-221.
7. IBID
8. Alice Chang-Jung, Yang. "The prosecution’s duty of disclosure before international
criminal tribunals." PhD diss., Brunel University London, 2016.
4
the existence of it.
9
Therefore, if ICC fails to arrest criminals terrorizing the international
communities, then it does meet the purpose it was created to serve.
Inaction Shows Tolerance to Impunity
Impunity is a big problem in the society and courts are the best avenues through
which could be eradicated. Most of the problems and cases facing the ICC are cases on
abuse of human rights such as mass killings executed by individuals and terrorist
organizations. Justice ensures that impunity is healed in the society and lack of justice
promotes it; hence ICC has the mandate to promote justice for those people such as
refugees facing persisting impunity in their countries.
10
Failure to arrest those people, who
perpetrate crimes against such people as refugees facing humanitarian problems across the
world, makes them believe that the ICC supports such kind of impunity. Seeing those who
perpetrate such acts of crime-free in society makes them believe that their governments
and the ICC Security Council do not care about them.
The other thing is that the failure to arrest and prosecute international criminals
could mean that the ICC and society at large tolerate impunity. Consequently, ongoing
impunity is due to lack of such arrests which gives the perpetrators the power and strength
to continue with the impunity against the victims, which causes further pain and suffering.
11
Impunity and its persistence have a great impact on society. It is stated that impunity,
occurs when a crime occurs and the criminal seems to be exempted by the law from getting
the right kind of punishment. There is a widely regrettable tendency in the history of human
9.Alice Chang-Jung, Yang. "The prosecution’s duty of disclosure before international
criminal tribunals." PhD diss., Brunel University London, 2016.
10. Herman A.M Von Hebel, Johan G. Lammers, and Jolien Schukking (eds.)
Reflections on the International Criminal Court; Essays in Honour of Adriaan Boss, (The
Hague: T.M.C. Asser Press, 1999)
11. Robinson, Darryl. "The identity crisis of international criminal law." Leiden
Journal of International Law 21, no. 4 (2008): 925-963.
5
beings where perpetrators of horrific crimes are left unpunished.
12
The Darfur and the
Libyan cases are good examples of such cases which have left the members of the society
and scholars critiquing the position of ICC Security Council regarding the arrest of criminals.
It has also left the criminals continuing their acts of crimes hence affecting the victims to a
greater extent.
Failure to arrest ICC suspects also has financial implications
The ICC runs with finances from various stakeholders without which its operations
are not possible. For adequate, unfettered and reliable financing, the ICC has options
ranging from the attachment of its budget to the regular UN budget, payment from the
states where those states that bring cases pay for the services while other contribute
voluntarily.
13
Other states and organizations contribute finances philanthropically to ICC.
These sources have continuously supported ICC for many years allowing it to meet its
objective of providing justice. Over the years, the International Criminal Tribunals for
Rwanda (ICTR) and the former Yugoslavia (ICTY), witnessed increased funding from the
member states and donors due to its activities in arresting and prosecuting the genocide.
14
It, therefore, means that if ICC wants to get increased and stable financing for itself and its
member states, it has to ensure that it arrests all criminals to match the performance of
ICTY and ICTR.
The failure to arrest the criminals, unlike the ICTR and the ICTY, has brought a lot of
financial implications on ICC. First, the financing from non-member states and even from
the NGOs has reduced because of lack of arrests which has made most of the states and
12. IBID
13. Robinson, Darryl. "The identity crisis of international criminal law." Leiden
Journal of International Law 21, no. 4 (2008): 925-963.
14. Sadat, Leila Nadya. "Crimes against humanity in the modern age." American
Journal of International Law 107, no. 2 (2013): 334-377.
6
humanitarian organizations to lack trust on the ICC.
15
The lack of trust has, therefore,
attracted few cases being reported to ICC and sine those who take their cases to this Court
are supposed to pay for the services, the finances of this Court has reduced tremendously.
The other issue is that the lack of arrests from the countries where atrocities against
humanity are registered discourages the states from making payments to ICC funding.
16
As
a result, the member states and ICC realize challenges in financing the project.
Timely arrests also mean more efficient use of resources
Timely arrests by any court and more specifically, the ICC plays a critical role in
promoting justice and also in proving its efficacy in resource utilization. The process of
carrying out investigations, arresting and prosecuting lawbreakers is complicated and
lengthy, which means that the ability of a court such as ICC to effectively and timely make
arrests indicates an effective use of resources.
17
A timely arrest means that the Court has
effectively engaged relevant authorities in the member state involved assigning resources
effectively to the process of investigating which could be extended and quite expensive both
financially and time-wise. Timely arrests mean that the ICC has used advocacy, which is a
crucial resource available to it in a meaningful and effective manner to ensure that it
attracts cooperation from the parties involved in the process of arresting the criminals.
18
As
a result, using resources effectively, advocacy and financial efficacy ensure that it makes
the relevant arrests with less friction from the parties involved.
The ICC does not have its police officers to execute arrests on its behalf, which
means that it depends on other parties to be able to make arrests. It is stated that the
judges at ICC issue a warrant to be executed by the member state in which the suspect
15. Cassese, Antonio. Cassese's international criminal law. Oxford University Press,
2013.
16. IBID
17. Cryer, Robert. "The definitions of international crimes in the Al Bashir arrest
warrant decision." Journal of International Criminal Justice 7, no. 2 (2009): 283-296
18.IBID
7
committed the crimes or in which the criminal resides since it does not have the power or
the police to execute the arrests.
19
The cooperation between the states and the ICC is
always not easy given the political nature of the states and the resources involved in
making investigations and arresting the criminals.
20
It, therefore, means that timely arrests
are possible due to effective use of resources by the state involved and the ICC leading to
the arrest.
Lengthy investigations and Proceedings due to Untimely arrest are costly
Untimely arrests cause a lot of problems to ICC and the states involved. When
suspects remain at large for a longer time, the longer the period of investigation will take
the police in the member leading to arrests. More prolonged investigations are quite costly
because it requires the police or the criminal investigation departments in the member state
to incur a higher amount of money for logistical and other expenses for the investigating
officers.
21
When this takes time, it means that the cost goes higher than expected, which is
a burden to not only the ICC but also to the state involved. Therefore, reducing the
investigation process plays a critical role in ensuring that the arrests are made timely, hence
reducing the amount of time and finances involved. It means that ICC and the member
states involved in any case has a primary role to play in ensuring that there is significant
cooperation between them to cut on costs involved.
The court proceedings are also expensive endeavours in the ICC system. Its
procedures require the claimants to make standard fee payments that cover the DOCDEX
costs upon making their claim submissions.
22
Unlike the Nuremberg procedures, the ICC
19. Gentile, Lynn. "Understanding the International Criminal Court." The African
Guide to the International Criminal Court. Pretoria: Institute for Security Studies (2009).
20.IBID
21. Chaitidou, Eleni. “International Criminal Court: Procedure of the Rome Statute.”
Presentation at the University of Nottingham, School of Law. (2020).
22. De Vos, Christian M. "Investigating from Afar: The ICC's Evidence Problem."
Leiden Journal of International Law 26, no. 4 (2013): 1009-1024.
8
procedures are quite different, making it a more complex and more expensive process for
the parties if it takes longer than expected. “Unlike the Statutes of the ad hoc Tribunals, the
Rome Statute provides not only a more elaborate set of substantive law provisions but also
a detailed procedural law regime. The Rules of Procedure and Evidence adopted by the
Assembly of States Parties complement the provisions found in the Rome Statute.”
23
It,
therefore, means that if the proceedings take longer, following the regulations, hiring of
lawyers, admission, pre-trial proceedings, trial, proceeding, evidence, judgment and
sentencing could be quite costly for both parties. For instance, what makes the trial
proceedings, takes a very long time because the role of the victims involved in the case is
examined in a different seminar.
24
It, further, escalates the costs since a different seminar
means additional costs regarding allowances for the lawyers, judges and others.
Failure to arrest ICC suspects jeopardizes the collection and preservation of
evidence
Failing to arrest suspects at large is a critical challenge for ICC to collect and
preserve the evidence. It is sad to note that some of the arrest warrants at ICC were issued
over a decade ago and the suspects have never been arrested and prosecuted before its
judges. Some of the active cases at ICC whose suspects have not been arrested since
warrants were issued over ten years ago involve parties such as DRC, Kenya, Libya and
Ivory Coast and are sought for a total of 206 counts of crime.
25
Article 63 of the Rome
Statute stipulate that all proceedings of the ICC should occur in the presence of the
suspects at the pre-trial stage and other critical stages and without the arrest of such
suspects, the judicial process fails to take place.
26
Further, when arrests are not made, the
suspect will be absent from the sessions at this Court which means that the judges will not
23.IBID
24.IBID 2
25. Hillebrecht, Courtney, and Scott Straus. "Who Pursues the Perpetrators?: State
Cooperation with the ICC." Human Rights Quarterly 39, no. 1 (2017): 162-188.
26.IBID
9
make any determinations on the innocence or guilt and the victims will not be heard.
27
Importantly, the problems when the victims are not heard; there is no evidence presented
or evaluated by the judges, which impacts their preservations.
The major problem facing the ICC’s process of collecting and preserving evidence is
the tempering of evidence by the suspects when out of custody. The cases mentioned
above-involving member states such as DRC, Libya, Ivory Coast and Kenya had suspects
out of custody and since most of them were politicians they had the power to tamper with
the evidence through threatening and even executing the witnesses despite the protection
from ICC.
28
As a result, the collected evidence does not meet the required threshold to put
them behind bars. The threatening and killing of witnesses also deter potential witnesses
from participating in the case which further impacts the deliverance of justice to the
victims.
29
Therefore, in the end, the evidence presented and preserved at the Court fails to
provide the desired results. It means that ICC and the member states should focus on
improving cooperation to enhance timely arrests which will then improve the collection and
preservation of evidence.
Failure to Arrest Suspects jeopardizes the safety and well-being of possible
witnesses and victims
The failure by ICC to arrest suspects affects the case to a greater extent. It affects
the case because the possible witnesses and the victims will be left in the hands of the
suspects who are willing to use any means to safeguard their interests through various
means. The cases mentioned above-involving member states such as DRC, Libya, Ivory
Coast and Kenya had suspects out of custody. Since most of them have committed crimes
27. Zappalà, Salvatore. "The Rights of Victims v. the Rights of the Accused." Journal
of International Criminal Justice 8, no. 1 (2010): 137-164.
28. Hillebrecht, Courtney, and Scott Straus. "Who Pursues the Perpetrators?: State
Cooperation with the ICC." Human Rights Quarterly 39, no. 1 (2017): 162-188.
29.IBID
10
against humanity in the past, they still have the power to threatening and even execute the
witnesses.
30
In Kenya, for instance, ICC indicates that after the 2007-2008 posts election
violence, the perpetrators of the violence, which were primarily politicians and influential
personalities such as media practitioners, appeared in Court after over three years without
arrests.
31
The result of such delays was numerous deaths of alleged witnesses who finally
did not appear in court proceedings. If arrests were made timely, most of the witnesses
could not have lost their lives.
The other problem that comes with failing to arrest suspects is that it delays justice
which denies it for the victims. The victims, in most cases, are those people who suffer the
actions of the suspects who may include the death of relatives, friends and family members,
loss of property and other effects. Most of them are bitter and need justice, meaning that
failing to arrest the suspects leaves them more affected due to their perception that the
Court or the rule of law is ignoring them.
32
In other cases, there have been deaths of
victims as well as displacement of witnesses from their homes due to the fear of possible
attacks and even stigmatization for their participation in the witness protection programs.
33
Majority of them are seen as betrayers, yet they are working towards the achievement of
justice in society.
Failure to Arrest Suspects means that there is no deterrent to other future
perpetrators
Failure to Arrest Suspects means that there is no deterrent to other future
perpetrators as it seems to promote impunity. The arrest of suspects in various cases
30. Pre-Trial Chamber, I. I. Decision Pursuant to Article 15 of the Rome Statute on
the Authorization of an Investigation into the Situation in the Republic of Kenya. ICC-01/09-
19.31 March 2010. Pre-Trial Chamber II Decision, 2010.
31.IBID
32.IBID
33. . Zappalà, Salvatore. "The Rights of Victims v. the Rights of the Accused."
Journal of International Criminal Justice 8, no. 1 (2010): 137-164.
11
serves as an example and a warning for those vulcanizing towards committing crimes in
future.
34
The arrest and putting of suspects in custody play a critical role in promoting the
adherence to the law while compelling others people in society be obedient to the law.
When the arrests take place in the process of a criminal procedure, it will serve the purpose
of restraining that individual from committing similar offences in future or holding him or
her responsible and charging against the offence.
35
In the civil, criminal procedures, the
purpose of arresting suspects is a way of holding such individual to the demands made
against him or her.
36
Therefore, the absence of arrests by ICC will lead to the failure to hold
the suspects responsible for their actions and also ensuring that he or she is prevented from
doing similar crimes in future.
The International Criminal Court covers a more general jurisdiction of 120 countries
across the world which means its services have a greater impact on society. Over the years,
there have been numerous acts of violence against humanity which require action for justice
to be realized. It means that the ICC has the mandate to stop crimes from taking place and
to holding perpetrators of various severe crimes against humanity responsible for their
actions.
37
Therefore, when arrests are made, the ICC can deter a large number of potential
future perpetrators of crime from accomplishing their intended acts of crime more than
other courts. It also serves the purpose of stopping mass killings and genocides committed
by the political class through the incitement of the members of the public, a significant
problem in many African countries during the electioneering period.
38
It means that the
ICC has a critical role in ensuring that future crimes do not occur through making timely
34. Roth, Kenneth. "Africa attacks the International Criminal Court." The New York
Review of Books 6 (2014).
35. Weiner, Allen S. "Ending Wars, Doing Justice: Colombia, Transitional Justice, and
the International Criminal Court." Stan. J. Int'l L. 52 (2016): 211.
36.IBID
37. O’Brien, Melanie. "Defining Genocide." Journal of International Peacekeeping 22,
no. 1-4 (2020): 149-169
38.IBID.
12
arrests that lead to the prosecution of suspects preventing others from committing similar
acts which leads to the attainment of peace and justice.
Failure to Arrest Suspects escalates or perpetuates the violence Cycle
The failure to arrest suspects of the most severe crimes allows them to commit more
crimes. The primary purpose of arresting criminals or suspects is to ensure that they are
contained by determining if they are innocent or guilty, and if guilty, they are sentenced.
After sentencing, suspects are put in correctional facilities which helps them through
rehabilitation which after release, allows them to lead an everyday life out of crime, not only
serving as an example to others but also as, as a way of making them avoid committing
similar crimes.
39
It is also likely that the other accomplices of the suspects will be contained
by the arrests of their group members which further deescalates the rates of crime across
the world.
The failure to make timely arrests leads to the escalation of violence cycles in the
affected communities or states. The absence of credible and reliable arrest enforcement
mechanisms, glaring impunity and the violation of international law leads to inter
perpetration of interconnected violence across states.
40
When arrests are not made,
suspects are left organizing and implementing more similar forms of violence in other places
or against the same group of people. The primary purpose of ICC is to enforce and induce
compliance with the various specific international law norms meant to outlaw certain acts of
groups of people which in turn prevents mass violence and their recurrence.
41
Confronted
39. International Criminal Court. Understanding the International Criminal Court.
International Criminal Court, 2013.
40. Combs, Nancy Amoury. "Unequal Enforcement of the Law: Targeting Aggressors
for Mass Atrocity Prosecutions." Ariz. L. Rev. 61 (2019): 155.
41. Carayon, Gaelle, and Jonathan O’Donohue. "The International Criminal Court’s
Strategies in Relation to Victims." Journal of international criminal justice 15, no. 3 (2017):
567-591.
13
with despicable atrocities against humanity, ICC, therefore, has a critical role in stopping
the escalating and perpetuation of violence cycles.
The failure to arrest suspects impedes the functions of the office of the prosecutor
The office of the prosecutor plays a critical role in the ruining of the International
Criminal Court of justice. It is an independent component of the Court charged with the
responsibility of examining and evaluating situations under the Court’s jurisdiction where
crimes agent humanity, where aggression has been committed, genocide and more
importantly, carrying out investigations and prosecuting against the suspects alleged to
have committed the crimes.
42
A mandate has been given to the prosecutor by the states to
select and investigate the cases independently without the interference of such states.
However, various states have failed to cooperate with this office in ensuring that the
suspects of various crimes against humanity are arrested.
43
The lack of cooperation among
these states is due to the interest of the political class the cases or the alleged intersection
of international and national laws. It leads to delayed or complete lack of arrests which
impedes the effectiveness of the office of the prosecutor.
44
It makes it quite impossible for
the prosecutor to develop new cases in such states. The other issue is that the lack of
arrests presets fanatical shortages to the entire court system, which as affects the execution
of investigations, the collection of evidence as well as its presentation to the judges.
42. Shenk, Maury D. "An Insider’s Guide to the International Tribunal for the Former
Yugoslavia: A Documentary History and Analysis (2 vols.). By Virginia Morris and Michael P.
Scharf. Irvington-on-Hudson NY: Transnational Publishers, Inc., 1995. Pp. xxiii, 487; ix,
691. Index. $165." American Journal of International Law 90, no. 1 (1996): 169-171.
43. MacDonald, Gabrielle Kirk, and Olivia Q. Swaak-Goldman, eds. Substantive and
procedural aspects of international criminal law. 1. Commentary. Vol. 1. BRILL, 2000.
44
Bassiouni, M. Cherif. Introduction to international criminal law. Brill Nijhoff, 2013.
14
Conclusion
The evidence presented above clearly indicates that the failure to arrest the suspects
has a greater impact on ICC and also the member states. The failure to arrest suspects
impedes the Court’s ability to properly exercise the mandate bestowed upon it by its States
Parties. It also undermines the credibility of the Court and the international justice project
as a whole. It sends a message that impunity is tolerated and can still thrive in the face of
inaction. Further, the failure to arrest ICC suspects also has financial implications for the
Court and its States Parties. Timely arrests also mean more efficient use of resources. It is
also indicated that in the case where the suspects remain at large for a more extended
period, the investigations and proceedings may become more costly for the entire parties ad
specifically the member state involved in the case. The evidence above shows that the
failure to arrest ICC suspects jeopardizes the collection and preservation of evidence, and it
may also jeopardize the safety and well-being of possible witnesses and victims. As a result
of such failures, it may mean that there is no deterrent to other future perpetrators. The
suspect may also continue committing crimes and contributing to the escalation or
perpetuating the cycle of violence. In the end, failure to arrest suspects also impedes the
functionality of the office of the prosecutor and the International Criminal Court from the
development of new cases, jurisprudence and from the execution of their mandate through
the presentation of the suspects to the before the judges.
15
Bibliography
Akhavan, Payam. "The rise, and fall, and rise, of international criminal justice." Journal of
International Criminal Justice 11, no. 3 (2013): 527-536.
Bassiouni, M. Cherif. Introduction to international criminal law. Brill Nijhoff, 2013.
Carayon, Gaelle, and Jonathan O’Donohue. "The International Criminal Court’s Strategies in
Relation to Victims." Journal of international criminal justice 15, no. 3 (2017): 567-
591.
Cassese, Antonio. Cassese's international criminal law. Oxford University Press, 2013.
Chaitidou, Eleni. “International Criminal Court: Procedure of the Rome Statute.”
Presentation at the University of Nottingham, School of Law. (2020).
Combs, Nancy Amoury. "Unequal Enforcement of the Law: Targeting Aggressors for Mass
Atrocity Prosecutions." Ariz. L. Rev. 61 (2019): 155.
Condorelli, Luigi, and Annalisa Ciampi. "Comments on the Security Council Referral of the
Situation in Darfur to the ICC." Journal of International Criminal Justice 3, no. 3
(2005): 590-599.
Cryer, Robert. "The definitions of international crimes in the Al Bashir arrest warrant
decision." Journal of International Criminal Justice 7, no. 2 (2009): 283-296.
De Vos, Christian M. "Investigating from Afar: The ICC's Evidence Problem." Leiden Journal
of International Law 26, no. 4 (2013): 1009-1024.
Ferencz, Benjamin B. "The International Criminal Court: The Making of the Rome Statute—
Issues, Negotiations, Results. Edited by Roy S. Lee. The Hague, London, Boston:
Kluwer Law International, 1999. Pp. xxxv, 659. Index. Fl 295; $177;£ 103.25."
American Journal of International Law 94, no. 1 (2000): 218-221.
16
Gentile, Lynn. "Understanding the International Criminal Court." The African Guide to the
International Criminal Court. Pretoria: Institute for Security Studies (2009).
Herman A.M Von Hebel, Johan G. Lammers, and Jolien Schukking (eds.) Reflections on the
International Criminal Court; Essays in Honour of Adriaan Boss, (The Hague: T.M.C.
Asser Press, 1999)
Hillebrecht, Courtney, and Scott Straus. "Who Pursues the Perpetrators?: State Cooperation
with the ICC." Human Rights Quarterly 39, no. 1 (2017): 162-188.
International Criminal Court. Understanding the International Criminal Court. International
Criminal Court, 2013.
MacDonald, Gabrielle Kirk, and Olivia Q. Swaak-Goldman, eds. Substantive and procedural
aspects of international criminal law. 1. Commentary. Vol. 1. BRILL, 2000.
O’Brien, Melanie. "Defining Genocide." Journal of International Peacekeeping 22, no. 1-4
(2020): 149-169.
Pre-Trial Chamber, I. I. Decision Pursuant to Article 15 of the Rome Statute on the
Authorization of an Investigation into the Situation in the Republic of Kenya. ICC-
01/09-19.31 March 2010. Pre-Trial Chamber II Decision, 2010.
Robinson, Darryl. "The identity crisis of international criminal law." Leiden Journal of
International Law 21, no. 4 (2008): 925-963.
Roth, Kenneth. "Africa attacks the International Criminal Court." The New York Review of
Books 6 (2014).
Sadat, Leila Nadya. "Crimes against humanity in the modern age." American Journal of
International Law 107, no. 2 (2013): 334-377.
Shenk, Maury D. "An Insider’s Guide to the International Tribunal for the Former
Yugoslavia: A Documentary History and Analysis (2 vols.). By Virginia Morris and
Michael P. Scharf. Irvington-on-Hudson NY: Transnational Publishers, Inc., 1995. Pp.
17
xxiii, 487; ix, 691. Index. $165." American Journal of International Law 90, no. 1
(1996): 169-171.
Stahn, Carsten, ed. The law and practice of the International Criminal Court. Oxford
University Press, USA, 2015.
Weiner, Allen S. "Ending Wars, Doing Justice: Colombia, Transitional Justice, and the
International Criminal Court." Stan. J. Int'l L. 52 (2016): 211.
Zappalà, Salvatore. "The Rights of Victims v. the Rights of the Accused." Journal of
International Criminal Justice 8, no. 1 (2010): 137-164.
