The Indispensable Role of Non-Governmental Organizations in the Creation and Functioning of the International Criminal Court
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ABSTRACT:

This article discusses the role of non-governmental organizations (NGOs) in the creation and functioning of the International Criminal Court (ICC or the Court). The creation of the Court is referred to as the ‘civil society achievement’ by numerous scholars. NGOs advocating for an effective, just and independent international criminal court joined their efforts in a unique form of cooperation – the Coalition for the ICC, a loose network of NGOs, based on several common principles. During the Rome Conference, the Coalition actively engaged with State representatives and managed to influence numerous provisions of the final Statute, such as the Prosecutor’s power to initiate investigations on their own initiative, and the prohibition of a wide range of sexual and gender-based crimes.

The active involvement of NGOs in the work of the ICC continues today. The Rome Statute contains explicit references to the NGOs, which provide a basis for a potentially important contribution of the NGOs to the proceedings of the Court, as well as the work of the Assembly of States Parties. In addition, local presence and knowledge makes the NGOs a natural partner of the Court in a number of its functional areas, such as outreach, victims’ issues or complementarity.

The continuous engagement of NGOs with the ICC, from the Rome Conference to the present, makes them indispensable to the Court.

keywords
NGOs
International Criminal Court
Rome Statute
Coalition for the International Criminal Court
Rome Conference
about the authors

Gabriela Augustínyová holds an LL.B. in European, International and Comparative Law from University of Sheffield, United Kingdom, and LL.M. cum laude in Public International Law from Leiden University, Netherlands. The author currently works as a lecturer at the Faculty of Law, Comenius University in Bratislava, Slovakia. Previously the author worked at the International Criminal Court in The Hague and the Organisation for Security and Cooperation in Europe, Mission to Serbia.

e-mail: augustinyova.g@gmail.com

Aiste Dumbryte holds a MA in International and European Law from Vilnius University, Lithuania, and Advanced LL.M. cum laude in International Criminal Law from Leiden University, Netherlands. The author currently works at the Secretariat of the Organization for Security and Cooperation in Europe. Previously the author worked at the Victims’ Participation and Reparations Section of the International Criminal Court, the legal section of the Coalition for the ICC (internship) and the Department of Refugee Affairs of the Lithuanian Red Cross Society.

e-mail: aiste_dumbryte@yahoo.com.