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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 Future of International Criminal Justice: A Blueprint for Action

The Future of International Criminal Justice: A Blueprint for Action

Chapter:
(p.585) 44 The Future of International Criminal Justice: A Blueprint for Action
Source:
Realizing Utopia
Author(s):

Jérome de Hemptinne

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780199691661.003.0044

New ways must be found to increase significantly the cohesion, efficiency, and transparency of the international criminal justice system without disrupting the decentralized structure of the international order in which it operates. Two avenues of action should be pursued. On the one hand, a large number of international criminal cases should be decentralized on the basis of precise rules of jurisdictional allocation, that is, brought before local, ad hoc internationalized or possibly regional courts that are located as close as possible to the populations concerned. On the other hand, a number of investigative and judicial activities of the International Criminal Court should be devolved, that is, conducted by the Court, not in The Hague, but in the countries concerned. These two processes of decentralization and devolution should be implemented in parallel according to well-defined criteria.

Keywords:   international criminal justice system, international order, jurisdictional allocation, International Criminal Court

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