Managing a New Partnership: Professionalization, Intermediaries and the International Criminal Court

Haslam, Emily and Edmunds, Rod (2012) Managing a New Partnership: Professionalization, Intermediaries and the International Criminal Court. Criminal Law Forum . pp. 1-37. ISSN 1046-8374. (The full text of this publication is not currently available from this repository. You may be able to access a copy if URLs are provided)

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Defence allegations about the malpractice of intermediaries in the Lubanga Case have revealed the ICC's dependence upon intermediaries. Yet, surprisingly, the role of intermediaries has received relatively little attention in the academic literature. Since 2009, the Registry has been developing a court-wide set of guidelines to manage the Court's relationship with intermediaries, which, if adopted, will substitute a large measure of standardisation over the disparate policies and practices currently in place across the various ICC organs and units. The Victims Rights Working Group and the Open Society Justice Initiative in conjunction with the International Refugee Rights Initiative are prominent amongst civil society actors that are playing a key role in advocating for the protection of, and support for, intermediaries through guidelines. This article examines the emerging position of intermediaries in international criminal law. It argues that adopting guidelines will inculcate a semi-institutionalised status for intermediaries, which both reflects, and contributes to, 'professionalization' in international criminal law. However, 'professionalization' is problematic to the extent to which it creates obstacles for the involvement of counter-hegemonic voices in international criminal law. Moreover, whatever gains guidelines may bestow on the Court and intermediaries, it is unclear how they can or will mesh with the emerging judicial response to intermediaries at the ICC. Ultimately, the increased regulation of intermediaries is likely to have a profound impact on relations between the different ICC organs; and it is set to be a touchstone for civil society-ICC relations more generally.

Item Type: Article
Subjects: K Law
Divisions: Faculties > Social Sciences > Kent Law School
Depositing User: Jenny Harmer
Date Deposited: 08 Aug 2012 13:54
Last Modified: 04 Jul 2014 08:13
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