Power of the Purse: A Macro-Survey of Recent Financing at International Criminal Courts and Tribunals with Special Emphasis on the International Criminal Court

Abstract

Since 2009, seven international or ‘hybrid’ criminal tribunals have opened or closed. International criminal law’s institutional landscape is thus in great flux. The “tribunal shuffle” resulted in a significant decrease in states’ budgetary commitments to international criminal courts and tribunals (ICCTs). The International Criminal Court (ICC) has itself witnessed a renewed push for “zero nominal growth” budgeting, and has struggled to collect states’ dues on time. If enthusiasm for ICCT funding is waning, the ICC’s financing practices should adapt to temper the damage. This paper will first describe ICC funding mechanisms and associated “free rider” and independence hazards. Second, it will describe due process constraints on the ICC’s financial planning and Rome Conference debates over funding mechanisms adopted by other tribunals. Third, it will survey recent investments in ICCTs as a whole, and describe financial problems currently faced by individual ICCTs. This paper will conclude with general observations on ICCT financing, and will suggest an alternative to address problems identified in practice.