- Title Pages
- Contributors
- Foreword
- Acknowledgements
- William Schabas
- 1 Human Rights and International Criminal Justice in the Twenty-First Century
- 2 William Schabas, the Canadian Charter of Rights and Freedoms, and International Human Rights Law
- 3 The International Convention for the Protection of All Persons from Enforced Disappearance, as a Victim-Oriented Treaty
- 4 The Politics of Sectarianism and Its Reflection in Questions of International Law and State Formation in the Middle East
- 5 International Law and the Death Penalty
- 6 The UN Optional Protocol on the Abolition of the Death Penalty
- 7 The Right to Life and the Progressive Abolition of the Death Penalty
- 8 Progress and Trend of the Reform of the Death Penalty in China
- 9 Criminal Law Philosophy in William Schabas’s Scholarship
- 10 Is the ICC Focusing Too Much on Non-State Actors?
- 11 The Principle of Legality at the Crossroads of Human Rights and International Criminal Law
- 12 Revisiting the Sources of Applicable Law before the ICC
- 13 The ICC as a Work in Progress, for a World in Process
- 14 Legacy in International Criminal Justice
- 15 Torture by Private Actors and ‘Gold-Plating’ the Offence in National Law
- 16 Secrets and Surprises in the <i>Travaux Préparatoires</i> of the Genocide Convention
- 17 Perspectives on Cultural Genocide
- 18 Crimes against Humanity
- 19 A New Global Treaty on Crimes Against Humanity Future Prospects
- 20 Justice outside of Criminal Courtrooms and Jailhouses
- 21 Toward Greater Synergy between Courts and Truth Commissions in Post-conflict Contexts
- 22 International Criminal Tribunals and Cooperation with States
- 23 The Arc toward Justice <i>and</i> Peace
- 24 The Maintenance of International Peace and Security through Prevention of Atrocity Crimes
- 25 Law and Film
- 26 The Role of Advocates in Developing International Law
- 27 Bill the Blogger
- Index
Is the ICC Focusing Too Much on Non-State Actors?
Is the ICC Focusing Too Much on Non-State Actors?
- Chapter:
- (p.173) 10 Is the ICC Focusing Too Much on Non-State Actors?
- Source:
- Arcs of Global Justice
- Author(s):
Frédéric Mégret
- Publisher:
- Oxford University Press
One of the most significant contributions of Bill Schabas to the study of international criminal law is his critique of the tendency of contemporary international criminal justice to focus on individuals associated with non-state actors as opposed to states. This chapter seeks to first evaluate it as an empirical claim to assess the degree to which the International Criminal Court (ICC) has, if at all, disproportionately focused on non-state actors, beyond the well-known case of state self-referrals. It then addresses the normative case against such an evolution. The real issue is jurisdictional and a matter of prosecutorial policy rather than the substantive one of whether non-state groups can commit international crimes. The conclusion envisages what it is that is common between states and certain armed groups that ought to give a particular character of gravity to their acts and recommend them for special attention from international criminal law and justice.
Keywords: ICC, international criminal justice, non-state actors, bias, prosecutorial policy, prosecutorial discretion, self-referrals
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- Title Pages
- Contributors
- Foreword
- Acknowledgements
- William Schabas
- 1 Human Rights and International Criminal Justice in the Twenty-First Century
- 2 William Schabas, the Canadian Charter of Rights and Freedoms, and International Human Rights Law
- 3 The International Convention for the Protection of All Persons from Enforced Disappearance, as a Victim-Oriented Treaty
- 4 The Politics of Sectarianism and Its Reflection in Questions of International Law and State Formation in the Middle East
- 5 International Law and the Death Penalty
- 6 The UN Optional Protocol on the Abolition of the Death Penalty
- 7 The Right to Life and the Progressive Abolition of the Death Penalty
- 8 Progress and Trend of the Reform of the Death Penalty in China
- 9 Criminal Law Philosophy in William Schabas’s Scholarship
- 10 Is the ICC Focusing Too Much on Non-State Actors?
- 11 The Principle of Legality at the Crossroads of Human Rights and International Criminal Law
- 12 Revisiting the Sources of Applicable Law before the ICC
- 13 The ICC as a Work in Progress, for a World in Process
- 14 Legacy in International Criminal Justice
- 15 Torture by Private Actors and ‘Gold-Plating’ the Offence in National Law
- 16 Secrets and Surprises in the <i>Travaux Préparatoires</i> of the Genocide Convention
- 17 Perspectives on Cultural Genocide
- 18 Crimes against Humanity
- 19 A New Global Treaty on Crimes Against Humanity Future Prospects
- 20 Justice outside of Criminal Courtrooms and Jailhouses
- 21 Toward Greater Synergy between Courts and Truth Commissions in Post-conflict Contexts
- 22 International Criminal Tribunals and Cooperation with States
- 23 The Arc toward Justice <i>and</i> Peace
- 24 The Maintenance of International Peace and Security through Prevention of Atrocity Crimes
- 25 Law and Film
- 26 The Role of Advocates in Developing International Law
- 27 Bill the Blogger
- Index
