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Assessing the Effectiveness of International Courts$
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Yuval Shany

Print publication date: 2014

Print ISBN-13: 9780199643295

Published to Oxford Scholarship Online: April 2014

DOI: 10.1093/acprof:oso/9780199643295.001.0001

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The International Criminal Court

The International Criminal Court

(p.223) 10 The International Criminal Court
Assessing the Effectiveness of International Courts

Sigall Horovitz

Gilad Noam

Yuval Shany

Oxford University Press

This chapter examines the effectiveness of the International Criminal Court (ICC). It discusses the goals of the ICC, identifies the factors that may influence judicial outcomes, and assesses the goal-attaining implications of these outcomes. It suggests that the ICC is a more promising model of an international criminal tribunal than ad hoc or hybrid criminal courts, due to its capacity to generate long-term outcomes on a global scale. The permanent nature of the Court, the broad acceptance of its jurisdiction by states from different regions of the world, and the high legitimacy enjoyed by the international criminal law (ICL) regime create ideal conditions for attainment of goals: giving effect to the relevant ICL norms, solving problems on a variety of levels, and legitimizing ICL. Specific structural and procedural attributes of the Court, such as the complementarity principle; the grounds for refusal of jurisdiction (gravity, interests of justice); and judicial independence and impartiality further support goal attainment.

Keywords:   international courts, judicial outcomes, international adjudication, goal attainment

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