Prosecuting Dr Strangelove, Goldfinger, and the Joker at the International Criminal Court: closing the loopholes

Schabas, William A. ORCID: https://orcid.org/0000-0002-7462-4284 (2010) Prosecuting Dr Strangelove, Goldfinger, and the Joker at the International Criminal Court: closing the loopholes. Leiden Journal of International Law, 23 (4) . pp. 847-853. ISSN 0922-1565 [Article] (doi:10.1017/S0922156510000403)

Abstract

In this commentary to Matt Halling's paper, the author takes issue with Halling's proposal to amend Article 7(2) of the Rome Statute with regard to the ‘policy element’. Halling's view of plugging ‘loopholes’ in the Rome Statute in abstracto is met with a voice of realism. The author's realism is expressed on different levels and can be summarized in the following questions. As to the need for an amendment of Article 7(2), how realistic are the scenarios presented by Halling? Do they really call for an amendment? As to the function and role of the court, why expand the Court's mandate when it can only prosecute a handful of cases at any one time? As to the Court prosecutorial policy, does the Court need a fine net when it has limited resources and a mandate that requires it to focus on those who bear the greatest responsibility?

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