Grotius Centre contributes to ICC ASP Expert Discussion on Effectiveness and Efficiency

On 24 November 2015, Prof. Carsten Stahn participated as external expert in a special plenary session of the Assembly of States Parties on the efficiency and effectiveness of Court proceedings, chaired by the co-chairs of the Study Group on Governance of the Assembly.

On 24 November 2015, participated as external expert in a special plenary session of the Assembly of States Parties on the efficiency and effectiveness of Court proceedings, chaired by the co-chairs of the Study Group on Governance of the Assembly. Speakers included ICC President Silvia Fernandez de Gurmendi, ICC Prosecutor Fatou Bensouda and Mr Richard Dicker (Human Rights Watch).

Prof. Stahn argued that the ICC procedural regime is sui generis in nature, combining features of common law and Romano-Germanic traditions, and certain novel provisions, specifically geared at the investigation and prosecution of international crimes. He stressed that that international criminal procedure is a living instrument. Many of the core issues are developed through practices, policies, and procedural decisions. In certain areas, the law needs to be developed gradually, or through ‘trial and error’, in order to establish ‘good practices’. Stahn noted that not all goals of the ICC are quantifiable, but that it is helpful to strengthen modalities of ICC self-assessment (as gradually) reflected in internal practice) and external assessment.