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Realizing UtopiaThe Future of International Law$
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The Late Antonio Cassese

Print publication date: 2012

Print ISBN-13: 9780199691661

Published to Oxford Scholarship Online: September 2012

DOI: 10.1093/acprof:oso/9780199691661.001.0001

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The International Criminal Court: Struggling to Find its Way

The International Criminal Court: Struggling to Find its Way

(p.250) 20 The International Criminal Court: Struggling to Find its Way
Realizing Utopia

William Schabas

Oxford University Press

In spite of the initial success in the establishment of the International Criminal Court, the Court is facing difficulties in becoming operational and effective. Many procedural defects stand out. In addition, the idea that the choices of ‘situations’ falling under the Court's jurisdiction is left to one unaccountable individual, who employs vague concepts of ‘gravity’ and ‘interests of justice’ to explain these, is the Court's greatest flaw. The Court remains confronted by the need to address shortcomings that have manifested themselves in its first years of operation. Nevertheless, there are many encouraging signs that it continues to enjoy the confidence of a large number of states.

Keywords:   International Criminal Court, jurisdiction, ICC, judicial procedure

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