Investigating from Afar: The ICC's Evidence Problem

Abstract

AbstractThe ICC's early history indicates that more attention must be paid to the investigative practices of the Office of the Prosecutor. The judicial record to date, and the increasing dissatisfaction amongst affected communities with the Court's work, belies the desirability of the ‘light-touch,’ low-cost approach to investigations that has hitherto been championed. Rather than positioning the ICC as a remote site of justice, the Office must locate its investigative work more thoroughly on the territories in which it is engaged. The composition of its staff has also been insufficiently reflective of the countries under investigation and its relationships with individuals and institutions on the ground poorly managed. Despite relying heavily on the knowledge that these local actors can bring, the OTP has too often employed a unilateral approach to evidence gathering, failing to integrate their concerns and priorities into the investigative process.