Performance Indicators for International(ised) Criminal Courts – Potential for Increase of an Institution’s Legacy or ‘Just’ a Means of Budgetary Control?

Abstract

Performance indicators are usually employed to measure the efficiency of business processes. In past decades, their use has steadily expanded into an array of different businesses, including the judicial sector. Many courts have adopted indicators measuring their average case resolution, and used this as general benchmarks for performance. This has recently expanded into the area of international (criminal) courts, too. The present contribution analyses the performance indicator exercise at the International Criminal Court compared to alternative approaches taken by international(ised) criminal tribunals to date. It will assess what results performance indicators can deliver for international courts and to what benefit. Particular attention will be paid to the question whether the use of performance indicators can contribute to increasing an institution’s legitimacy through enhanced transparency and accountability. At the same time, performance indicators are a means of budgetary control. Potential tension between these factors will also be explored.