Reflections on ICC Jurisprudence Regarding the Democratic Republic of the Congo


Michèle Laborde-Barbanègre and Roxane Cassehgari

This briefing paper analyzes and reflects on the development of the ICC prosecutor’s strategy and application of procedural rules, since operations began at the International Criminal Court more than a decade ago. The mixed results of the court’s first cases, which arise from the situation in the Democratic Republic of the Congo, underscore that the ICC, as a complementary forum, is not mandated to investigate and prosecute all international crimes. National courts must step in. The paper recommends, among other reforms, that the court explore new ways to adapt the Rules of Procedure and Evidence to take into consideration the important role and participation of civil society.

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