What is it about?

The International Criminal Court (icc) acts in close cooperation with the United Nations and the ICC extensively relies on UN documentation in proceedings. This paper examines the ways in which ICC organs rely on UN documentation.

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Why is it important?

Recent proceedings at the ICC, particularly the situations of Bangladesh/Myanmar, Palestine, and Mali have extensively relied on UN documentation for findings of fact and law.

Perspectives

Recent proceedings at the ICC, particularly the situations of Bangladesh/Myanmar, Palestine, and Mali have extensively relied on UN documentation for findings of fact and law. In particular, the Office of the Prosecutor has asserted such documentation issued by political organs of the UN can establish matters of law because it represents the "views of the international community". This paper examines how such documentation is used at the ICC and whether such OTP claims stand up to scrutiny. I argue some of these claims are highly questionable.

Anne Herzberg
Institute for NGO Research

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This page is a summary of: The Role of UN Documentation in Shaping Narratives at the International Criminal Court and the Implications for the Rights of the Accused, International Criminal Law Review, January 2022, Brill,
DOI: 10.1163/15718123-bja10115.
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