The International Criminal Court: A European Success Story? College of Europe EU Diplomacy Paper 1/2011

Mertens, Mitja. (2011) The International Criminal Court: A European Success Story? College of Europe EU Diplomacy Paper 1/2011. [Working Paper]

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Abstract

In light of the 2010 Review Conference of the Rome Statute not only the International Criminal Court (ICC) itself but also the support of the European Union (EU) for the Court must stand up to scrutiny. To what extent has it been effective? This paper elaborates a tailor-made yardstick to measure 'effectiveness' and then follows a two-pronged approach. First, it scrutinises the Union’s support for the ICC, showing that, despite numerous challenges, the EU’s policy of broadening, strengthening and deepening the Rome Statute system has become more effective in the last decade. Second, it evaluates the effectiveness of the ICC itself, commending its relatively advanced institutional set-up, its growing socio-democratic legitimacy and its relative independence from political interference, while pointing to its suboptimal efficiency, its difficult cooperation with relevant partners and the delicate inclusion of elements of restorative justice. The results of this review lead to six policy recommendations to enhance the effectiveness of the EU’s promotion of the ICC.

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