Richard H. Steinberg (Univ. of California, Los Angeles - Law & Political Science) has published
Contemporary Issues Facing the International Criminal Court (Brill | Nijhoff 2016). Contents include:
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Fatou B. Bensouda, Foreword
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Richard H. Steinberg, Preface
- Part I. Jurisdiction: The 2008-2009 Gaza Issue
- Richard H. Steinberg, Introduction to the 2008-2009 Gaza Jurisdiction Issue
- George P. Fletcher, No Jurisdictional Basis for an Investigation Pursuant to the Palestinian Declaration;
- Marlies Glasius, Press Releases, Not Arrest Warrants: Interpreting the ICC Prosecutor’s Moves in Relation to the Gaza Situation
- Michael Kearney, Palestine and the International Criminal Court: Asking the Right Question
- John Quigley, Palestine is a State so the Consent Declaration is a Valid Basis for Investigation by the ICC
- Yaël Ronen, Statehood and Recognition: Not a Matter for the ICC Prosecutor
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Part II. Obligation to Arrest: The Darfur Issue
- Richard H. Steinberg, Introduction: The Obligation to Arrest in the Darfur Context
- Dapo Akande, The Genocide Convention Provides an Alternative Basis for the Obligation to Arrest Al Bashir
- Paola Gaeta, Head of State Immunity as a Bar to Arrest
- Makau W. Mutua, Closing the “Impunity Gap” and the Role of State Support of the ICC
- William A. Schabas, State Obligations in Implementing Arrest Warrants
- Göran Sluiter, State “Cooperation Issues” in Arresting Al Bashir
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Part III. The Oversight Issue
- Richard H. Steinberg,
Introduction to the Oversight Issue
- José E. Alvarez, The Proposed Independent Oversight Mechanism for the International Criminal Court
- Nicholas Richard Cowdery, The Independent Oversight Mechanism Does Not Have Authority to Investigate and Decide Alleged Misconduct by Staff in the Office of the Prosecutor
- Max du Plessis & Christopher Gevers, The Role of the Assembly of States Parties for the ICC
- Akbar Khan, Establishing a Transparent and Effective Oversight Machinery and the Need for Constructive Dialogue Between the Assembly, Court Officials, and Civil Society
- Harmen Van der Wilt, A Reasonable Request: Requiring Prosecutor Authorization Prior to Any Investigation by the Independent Oversight Mechanism
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Part IV. Deterrence: The Prevention Issue
- Richard H. Steinberg,
Introduction to the Prevention Issue: Enhancing Deterrence
- Kenneth Anderson, The ICC Would Increase Its Prevention Ability If the Prosecutor’s Discretion Were More Visibly Limited
- Tomer Broude, The Court Should Avoid All Considerations of Deterrence and Instead Focus on Creating a Credible and Legitimate Normative Environment in which Serious Crimes Are Not Tolerated
- William W. Burke-White, Maximizing the ICC's Crime Prevention Impact Through Positive Complementarity and Hard-nosed Diplomacy
- Richard J.Goldstone, The Crime Prevention Potential of the ICC Depends Upon its Credibility and the Support it Receives from Governments and States Parties to the Rome Treaty
- David Scheffer, Maximizing Opportunities to Deter Further Atrocity Crimes
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Part V. The Reparations Issue
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Richard H. Steinberg, Introduction to the Reparations Issue
- M. Cherif Bassiouni, Victims’ Rights and Participation in ICC Proceedings and in Emerging Customary International Law
- Carla Ferstman, The ICC Should Avoid Paternalistic or Bureaucratic Approaches to Determining Victims' Needs and Wants and Should Award Reparations to Promote Victims' Dignity and Agency
- Saul Levmore, Reparations in the Wake of Atrocities: A Plan for Encouraging Participation by Governments
- Frédéric Mégret, Reparations Before the ICC: the Need for Pragmatism and Creativity
- Eric A. Posner, A Minimalist Reparations Regime for the International Criminal Court
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Part VI. Proof: The Mass Rape Issue
- Richard H. Steinberg,
Introduction: Proving Mass Rape
- Kelly Dawn Askin, Can the ICC Sustain a Conviction for the Underlying Crime of Mass Rape without Testimony from Victims?
- Anne-Marie de Brouwer, Cases of Mass Sexual Violence Can Be Proven Without Direct Victim Testimony
- John Hagan, The Use of Sample Survey Interviews as Evidence of Mass Rape
- Ruth Wedgwood, ICC Prosecution of Mass Rape Crimes Will Require Some Evidence from Victims, but the Hardship of Testifying can be Mitigated
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Part VII. Bias? The Africa Issue
- Richard H. Steinberg,
Introduction to the Africa Issue: Is the ICC Biased?
- M. Cherif Bassiouni & Douglass Hansen, The Inevitable Practice of the Office of the Prosecutor
- Kamari Maxine Clarke, Is the ICC Targeting Africa Inappropriately or is it Justified?
- Margaret M. deGuzman, Is the ICC Targeting Africa Inappropriately?: A Moral, Legal and Sociological Assessment
- Charles Achaleke Taku, International Politics and Policy Considerations for the Inappropriate Targeting of Africa by the ICC OTP Chief
- Jessica Peake,
The Institutional Framework of the Office of the Prosecutor, Legitimacy, and Overcoming Bias Allegations
- Abdul Tejan-Cole, Is the ICC’s Exclusively African Case Docket a Legitimate and Appropriate Intervention or an Unfair Targeting of Africans?
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Part VIII. The Arrest Issue
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Richard H. Steinberg, Introduction to the Arrest Issue
- Beth Van Schaak, ICC Fugitives: The Need for Bespoke Solutions
- Richard Dicker, Ramping Up Strategies for the ICC Arrests: A Few Lessons Learned
- Cedric Ryngaert, Some Reflections on Securing the Arrest of ICC Fugitives
- Tom Parker, Pollyannas Need Not Apply: International Justice is, to a Certain Extent, Political Justice
- Nadia Banteka, The Prosecutor May Increase Rates in the Apprehension of Suspects and Therefore Secure Higher Levels of Judicial Enforcement by Appreciating and Capitalizing on her Political Role and the Realities Surrounding It
