Increasing the effectiveness of the International Criminal Court : the contribution of non-state actors

Deposited with permission of the author. © 1999 Dr. Helen DurhamThis paper examines practical methods to increase the effectiveness of the International Criminal Court (ICC) by reviewing the potential contribution of non-State actors. Non-State actors focused upon in this paper include non-Governmental organizations (NGOs), international organizations and individual academics. An effective ICC is one that is able to undertake its work in an environment as immune as possible from politics and one in which the judiciary are exposed to a diversity of ideas and legal interpretation. The paper argues that non-State actors can play a significant role in international criminal prosecutions, in particular by gathering evidence and submitting amicus curiae briefs.The paper is divided into 4 sections. Section one sets the scene by undertaking a critique of NGOs within international law and the United Nations system. This section also describes, in Chapter 2, the process leading to the creation of a Statute for an International Criminal Court and then briefly inspects the Statute. Section 2 reviews the role non-State actors played in the creation of the Statute. Within this section Chapter 3 deals with the NGO Coalition for and ICC and Chapter 4 the contribution of the ICRC, an international organization.Section 3, consisting of Chapter 5, investigates the activities of non-State actors, in particular NGOs, at the ad hoc Tribunals in particular the gathering of evidence. Section 4 focuses upon the submission of amicus curiae briefs with Chapter 6 exploring this mechanism in domestic courts and at the International Court of Justice. Chapter 7 examines non-State actors' amicus curiae submissions at the ad hoc Tribunals. The paper concludes with a range of practical suggestions increasing the effectiveness of the ICC