References of "International Criminal Law Review"
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See detailThe International Criminal Court and Reparations: Judicial Innovation or Judicialisation of a Political Process?
Owiso, Owiso UL

in International Criminal Law Review (2019), 19(3), 505-531

The Rome Statute of the International Criminal Court bestows reparative powers upon the court, a significant development in international criminal justice. However, the court still struggles to ... [more ▼]

The Rome Statute of the International Criminal Court bestows reparative powers upon the court, a significant development in international criminal justice. However, the court still struggles to effectively exercise this mandate. This article proceeds on the assumption that reparations for mass atrocities are best handled through domestic political processes rather than international criminal justice processes. The article interrogates the effectiveness of the court’s reparative powers by testing them as against the court’s practice, specifically in the Lubanga, Katanga and Al-Mahdi cases. The article concludes that despite noble intentions, practical realities and difficulties make doubtful the court’s suitability as a reparative forum for mass atrocities. Nevertheless, in the absence of a more suitable alternative for effective and meaningful reparations, the article proposes policy reforms to achieve robust reparative complementarity between the court and transitional states, and complementarity between the court’s reparative mandate and the Trust Fund for Victims’ assistance mandate. [less ▲]

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See detailBetween Pragmatism and Normativity: Legal Standards for Issuing Subpoenas and Witnesses Summonses in International Criminal Procedure
Pichou, Maria UL

in International Criminal Law Review (2017), 17(1), 135-160

The article analyses the criteria that the international criminal tribunals developed to obtain additional evidence through witness testimony. It systemizes the legal standards of the ad hoc tribunals on ... [more ▼]

The article analyses the criteria that the international criminal tribunals developed to obtain additional evidence through witness testimony. It systemizes the legal standards of the ad hoc tribunals on subpoenas’ requests and reviews the International Criminal Court (ICC) stance on witness summonses. After defining the types of subpoenas and the different tests applied by the courts, the article examines the courts’ discretionary power in the light of the fair trial standard and the appellate standard for such discretionary decisions. The analysis shows that when the tribunal had to adjudicate a request to compel a witness to appear, it adapted the legal standard by considering the type and the object of the subpoena, the witness and the court’s role and mandate. The ICC iterated that this power to compel the appearance of witnesses constitutes a customary rule of international criminal procedural law. The article maps the content of this rule. [less ▲]

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