Measuring, Understanding, and Predicting Trial Complexity at the ICTY

Abstract

This paper explores the extent and gravity of the criminal investigations carried out by the International Criminal Court (ICC) from its creation in 2002 until mid-2015. During that time period, the ICC began investigations in nine situations: the Democratic Republic of Congo (DRC), Darfur, Cote d’Ivoire, Kenya, Mali, Libya, Central African Republic (CAR) I, CAR II, and Uganda. It summarizes each investigation, particularly focusing on seven factors that were chosen to represent the gravity of the crimes and the resulting investigations. Those factors are: 1) the geographic scope of the crimes investigated, particularly the number of crime sites involved; 2) the amount of time over which the crimes occurred; 3) the structure and organization of the alleged perpetrators; 4) the identity of the victims, particularly whether the victims were civilians and whether women or children were targeted; 5) the number of the victims, including the number killed, raped, and wounded, etc.; 6) the manner in which the alleged crimes were carried out, particularly the use of cruel or brutal means of conducting the crimes; and 7) the legal qualification of the alleged crimes.