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      Reforming the International Criminal Court (ICC): Progress, Perils and Pitfalls Post the ICC Review Process

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      International and Comparative Law Review
      Walter de Gruyter GmbH

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          Summary

          The International Criminal Court is a very controversial institution. It is extensively criticised by both its critics and its supporters. This article examines what steps have been taken to reform the Court. It considers issues such as the need for better communications and messaging by the Court. The paper takes up how and why the Court needs to engage better and in more far-reaching ways with a host of role players that affect the terrain in which the Court operates. It is argued that more reform is needed in how the Court is lead, how it operates, and who the judges and staff are. It is argued that greater diversity is needed at the Court. Also taken up are how the reach of the Court can be increased beyond only prosecutions, how the Court can assist states to prosecute more cases themselves, and how the Court can become more victim centred. A core theme is how state cooperation can be enhanced. A range of suggestions are made so as to enhance the role of the Court in the years to come.

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          Beyond Impunity: Can International Criminal Justice Prevent Future Atrocities?

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            Justice in Conflict

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              African resistance to the International Criminal Court: Halting the advance of the anti-impunity norm

              The creation of the International Criminal Court (ICC) in 1998 marked a substantial advance in the effort to ensure all perpetrators of mass atrocities can be brought to justice. Yet significant resistance to the anti-impunity norm, and the ICC as the implementing institution, has arisen in Africa. The ICC has primarily operated in Africa, and since it sought to indict the sitting Sudanese President Omar al-Bashir in 2008 resistance from both individual African states and the African Union has increased substantially. We draw on the concept of ‘norm antipreneurs’, and the broader norm dynamics literature, to analyse how resistance has developed and manifested itself, as well as the potential effects of this resistance on the anti-impunity norm. We conclude that the antipreneur concept helped us structure and organise analysis of the case – suggesting it could be usefully deployed in other similar cases – but that this case also suggests that antipreneurs do not always enjoy substantial defensive advantages. We also conclude that African resistance to the ICC has substantially stalled the advance of the anti-impunity norm, a finding that has significant implications for the wider effort to reduce mass atrocity crimes in the contemporary era.
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                Author and article information

                Journal
                International and Comparative Law Review
                Walter de Gruyter GmbH
                2464-6601
                June 01 2021
                August 19 2021
                June 01 2021
                June 01 2021
                August 19 2021
                June 01 2021
                : 21
                : 1
                : 7-42
                Affiliations
                [1 ]Professor, NOVA University of Lisbon Law School , Lisbon , Portugal ; Research Fellow, Department of Criminology , University of the Free State , South Africa .
                Article
                10.2478/iclr-2021-0001
                908ee696-58f4-4cf4-a622-b92cd687edb4
                © 2021

                http://creativecommons.org/licenses/by-nc-nd/3.0

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