Upcoming publication “The international Criminal Court and the 21st Century Global Order: Learning from Reality”
In April 2003, seventy-eight states from all over the world granted me the responsibility to build an innovative global institution: the Office of the Prosecutor of the International Criminal Court.
From my office at The Hague I have witnessed a sea change in the international normative system. During my nine years tenure I was involved in 20 of the most serious conflicts of the 21st century. I had to make difficult decisions. Where to open the first investigations? Iraq? Colombia? Democratic Republic of Congo? How to investigate Darfur genocide? Should I suspend investigations to facilitate negotiations with Joseph Kony or Muammar Gaddafi?
Since I left the office, I have been reflecting on how to transform my rare experience into relevant data. This book provides me with an opportunity to expose how the Rome Statute worked during its first nine years, to explore how the Office of the Prosecutor interacted with states and the UN Security Council during such a formative time, to analyze the Office’s achievements and failures, and to discuss its relevance.
The book will present a case study of the first nine years of the operation of the Rome Statute and its interaction with the UN Security Council. I will present information from my first-hand perspective as the founding Chief Prosecutor of the ICC and will explain in detail the policies adopted by my Office, the rationale behind the decisions taken and my expectations of the other actors’ reactions.
Additionally, as an observer of the effects of our decisions on states, the UN Security Council and other actors, and with the advantage of some years to understand different mindsets, I will also describe how the other actors applied the international and national normative system. I will present their reactions and my views on their rationales.
My aim is to expose how this complex interaction has defined the international legal order. My proposal is neither to discuss current theories nor to present a new one, but rather to describe reality and present a simple thesis: the normative study of the international legal order during the 21st Century should focus on the norms interpreted and applied by the relevant actors.