The International Criminal Court: in the interests of transitional justice?
Gallen, JamesORCID: 0000-0002-1145-9680
(2017)
The International Criminal Court: in the interests of transitional justice?
In: Lawther, CherylORCID: 0000-0002-2510-3386, Moffett, LukeORCID: 0000-0003-2567-0118 and Jacobs, Dov, (eds.)
Research Handbook on Transitional Justice.
Research Handbooks in International Law series
.
Edward Elgar Publishing, Cheltenham, GB, pp. 305-327.
ISBN 978 1 78195 531 4
This chapter examines the relationship of the International Criminal Court (ICC) and transitional justice. It considers claims of how prosecutions contribute to the pursuit of accountability under different conceptions of transitional justice. Second, it examines the Rome Statute of the ICC and the different evaluative frameworks that can be used to assess its function. Third, it reviews the existing practice of the ICC, including the role of the Office of the Prosecutor in Africa, the Court’s response to victims and its use of reparations. The chapter also argues that, while the Rome Statute contains innovative provisions for victim participation and reparations to victims, realizing the potential of these provisions remains contingent on efficient and responsive management by the Court of the needs of victims, and depends on alignment and political and financial support from the international community.