Cover

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Title page, Editorial series, Copyright

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Contents

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pp. v-vi

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Prologue: The Prosecutor’s Use of Legal Policies

Luis Moreno Ocampo

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pp. 1-19

This book provides a critical analysis of the policies of the Office of the Prosecutor of the International Criminal Court (ICC) and offers a unique perspective on one of the most innovative international endeavors to end impunity for and prevent massive atrocities. It is a result of Professors...

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The Prosecutor Casts a Shadow: Convenor, Collaborator, and Law Enforcer

Martha Minow, C. Cora True-Frost, Alex Whiting

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pp. 20-26

Holding individuals legally responsible for war, war crimes, crimes against humanity, and genocide remains a relatively new idea, and a permanent international commitment to pursue the idea started only as this new century began. Crucial to the scope and operations of the International...

Foundations for Prosecuting

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False Alarm about the Proprio Motu Prosecutor

David Scheffer

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pp. 29-44

The role of the proprio motu (independent) prosecutor at the International Criminal Court (ICC or the Court) is a study in both liberty and constraints. The liberty flows from the power to “initiate investigations pro prio motu on the basis of information on crimes within...

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Crimes against Humanity: Limits, Leverage, and Future Concerns

Leila Nadya Sadat

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pp. 45-68

Crimes against humanity, one of the three offenses incorporated into the Rome Statute for the International Criminal Court (ICC), have been perhaps the most ubiquitous and horrific atrocities committed in modern times. Yet an understanding of their theoretical basis and their...

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Rethinking the Tension between Peace and Justice: The International Criminal Prosecutor as Diplomat

Robert H. Mnookin

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pp. 69-96

Imagine you are the prosecutor of the International Criminal Court (ICC). The war-torn country of Afghanistan is hobbling toward a fragile cease-fire. The president of Afghanistan and the Taliban have struck a tentative deal, which a war-weary American government...

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The Evolution of the Office of the Prosecutor at the International Criminal Court: Insights from Institutional Theory

Jens Meierhenrich

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pp. 97-127

Among many underresearched topics pertaining to the International Criminal Court (ICC), the question of institutional development has arguably received the least attention. Few scholars have taken the ICC seriously as an evolving international organization comprised...

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Investigations and Institutional Imperatives at the International Criminal Court

Alex Whiting

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pp. 128-150

Luis Moreno Ocampo, the first prosecutor of the International Criminal Court (ICC), has been widely praised for establishing a functioning prosecution office and making the institution relevant, while at the same time criticized for the quality of some of his office’s...

The Prosecutor’s Interactions with Other International Actors

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The Relationship between the Office of the Prosecutor and the Judicial Organ: Conflict and Opportunity

Julie Rose O’Sullivan

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pp. 153-192

The Statute of the International Criminal Court (the Statute)1 gives the ICC’s judicial organ a variety of powers designed to check the operation of the Office of the Prosecutor (OTP) at all stages from investigation to appeal. Some of the powers discussed in this chapter are...

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The Elusive Pursuit of Trust between Prosecutors and Judges

Patricia M. Wald

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pp. 193-203

This propitiously timed review of the challenges and hurdles the new prosecutor at the International Criminal Court (ICC) faces is a welcome launch onto the second stage of an institution of potentially immense significance for global justice. The essays cover old problems...

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The Archipelago and the Wheel: The Universal Jurisdiction and the International Criminal Court Regimes

Máximo Langer

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pp. 204-250

The objectives of international criminal law combine traditional goals of criminal justice (retribution, advancing international social norms, and deterrence) with transitional justice goals (establishing a historical record of atrocities, providing a voice to victims, and reestablishing...

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The International Civil Servant: How the First Prosecutor Engaged the U.N. Security Council

C. Cora True-Frost

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pp. 251-284

The relationship between the powerful U.N. Security Council and the first prosecutor of the International Criminal Court (ICC) was shaped in part by choices made by the prosecutor, Luis Moreno Ocampo. Moreno Ocampo, the first Prosecutor of the International Criminal Court...

The Impacts of the Prosecutor’s Work

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Widening the Impact of the International Criminal Court: The Prosecutor’s Preliminary Examinations in the Larger System of International Criminal Justice

Christopher Stone

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pp. 287-308

The paradox at the heart of the Rome Statute is well known: The International Criminal Court (ICC) appears, at first glance, to provide a new source of hope to victims of grave crimes around the world—hope that the perpetrators will be brought to justice in the Hague...

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“Managing Violence”: Can the International Criminal Court Prevent Sexual Violence in Conflict?

Jessica Lynn Corsi

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pp. 309-344

In the Central African Republic (CAR), rebel leaders are doing something that could impress even the most cynical of international lawyers: they are meeting in makeshift outdoor classrooms to learn about the Rome Statute and international law. The year is 2007 and bursts of civil...

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Education as a Tool in Preventing Violent Conflict: Suggestions for the Prosecutor of the International Criminal Court

Martha Minow

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pp. 345-359

No one disputes that preventing genocide, crimes against humanity, and the crime of aggression would be better than punishing their perpetrators. Defenders of international criminal justice institutions suggest that indictments, arrests, prosecutions, and convictions can...

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Conclusion

Martha Minow, C. Cora True-Frost, Alex Whiting

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pp. 360-366

The International Criminal Court (ICC) is an instantiation of two modern ideas: that law can operate internationally, without a single sovereign, and that international criminal law, proceeding through the voluntary cooperation of nations and other actors, can produce...

Contributors

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pp. 367-372

Index

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pp. 373-390