Key Operational Challenges to Ensuring the Long term Success of the International Criminal Court

The International Criminal Court requires a solid foundation on which to build its future success, investigating the most heinous international crimes and prosecuting the alleged perpetrators. This thesis examines some remaining challenges to ensure the long term success of the Court. It begins by requiring the ICC to establish a culture that adheres to the values of the organization and a legal system capable of fairly and expeditiously carrying out its mission. This requires an ethical approach and effective management. It is necessary for the Office of the Prosecutor to understand the burden of proof requirements at the confirmation of charges stage, which in turn requires the Pre-Trial Chambers to be consistent in their decisions. The OTP appear to have accepted the direction from the Pre-Trial Chamber, that its investigations should be largely completed by the time of the confirmation of charges hearing. This is, in the author’s view, a mistake and should be challenged again at an opportune moment. The Office of the Prosecutor, learning from its experience, is adhering to good governance by creating and publishing its strategic goals. One of the strategic goals is to have largely completed its investigations by the time of the confirmation of charges hearing, a reaction to a critical decision by the Pre-trial Chamber in the Gbagbo case.

Level dc:type.qualificationlevel

masters

Grantor dc:publisher.institution

National University of Ireland Maynooth

Year dc:date.issued

2016

Author dc:creator

• Dillon, Mark Patrick

Language dc:language

en