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- Title
Judicial Independence at Risk.
- Authors
von Braun, Leonie; Micus, Annelen
- Abstract
This article examines the amendments to the crime of aggression passed during the International Criminal Court Review Conference from the perspective of some of the human rights organizations engaged in the discussion. The authors find that the Kampala compromise has not realized the worst fears voiced by these civil society organizations before and during the Review Conference. Nonetheless, there is cause for concern as regards the amendment's effect on the standards of independence and integrity of the ICC, especially its Office of the Prosecutor. States parties have introduced a jurisdictional procedure that allows the United Nations Security Council to have a significant impact on the Court by expanding the reach of Article 16 of the Rome Statute, even though three of the permanent members have failed to ratify the Statute. The authors perceive the risks of increased selectivity and political interference in the decision-making of the Court in the future.
- Subjects
JUDICIAL independence (International law); AGGRESSION (International law); HUMAN rights organizations; INTERNATIONAL criminal law; CIVIL society; UNITED Nations. Security Council; DECISION making in law; INTERNATIONAL Criminal Court; INTERNATIONAL cooperation
- Publication
Journal of International Criminal Justice, 2012, Vol 10, Issue 1, p111
- ISSN
1478-1387
- Publication type
Article
- DOI
10.1093/jicj/mqr060