The International Criminal Court and the Separation of Powers

As the International Criminal Court (ICC) develops its institutional capacity in readiness to hear its first cases, this article considers the application of the doctrine of the separation of powers to the Court. First, the historical development of the doctrine of the separation of powers is considered. Second, the separation of powers is considered as constitutional law, at the domestic & international levels. Third, the application of the separation of powers to the ICC is reviewed, with particular consideration given to the decision-making procedures relating to prosecutorial discretion, sentencing & victims' compensation. Each particular ICC decision-making procedure is compared, for the purpose of providing domestic comparisons from the common law & civil law systems, with the analogous procedure under the law of England & Wales & the Netherlands. Fourth, the ICC is considered as a system of checks & balances & a number of conclusions are drawn. Adapted from the source document.