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2 Transnat'l Crim. L. Rev. 1 (2023)

handle is hein.journals/tnslcllw2 and id is 1 raw text is: Transnational Criminal Law Review (2023) 2(1): 1-4 SYMPOSIUM ON THE PROPOSAL TO CREATE AN INTERNATIONAL ANTI-CORRUPTION COURT INTRODUCTION Cecily Rose* The international prosecution of transnational crimes, such as corruption, has long sparked the interest of scholars.1 Academic debate about international prosecutions has been fueled in part by the omission of transnational crimes from the Rome Statute of the International Criminal Court (ICC), which covers only the 'core crimes' of genocide, crimes against humanity, war crimes, and the crime of aggression.2 Although the transnational phenomenon of drug trafficking prompted the revival of the subject of an international criminal court within the United Nations General Assembly in the late 1980s, drug trafficking and other transnational crimes were ultimately omitted from the Rome Statute. As a consequence, the investigation and prosecution of transnational crimes remain the sole prerogative of domestic jurisdictions. Most transnational crimes simply cannot be 'refrained' as one of the core crimes over which the ICC has jurisdiction, and the prospect of amending the Rome Statute to include transnational crimes seems dim. While a wide range of transnational crimes were included in the 2014 Malabo Protocol for the establishment of an African Court of Justice and Human and Peoples' Rights, the protocol is widely regarded as very unlikely to come into force in the foreseeable future.3 Moreover, the many problematic provisions of the Malabo Protocol illustrate the perils involved in drafting a constitutive instrument without sufficient debate among not only negotiators, but also scholars.4 The proposal to create an international anti-corruption court (IACC), which first emerged nearly a decade ago, has given scholars new reasons to consider how states might create an international court with the power to try transnational crimes. This proposal was initially put forward in 2014 by a US district court judge, Mark Wolf, who has since been revising and refining it.5 The proposal took time to gain traction, but in recent years it appears * Associate Professor, Leiden Law School, The Netherlands. 1 See eg, Robert J. Currie and Jacob Leon, 'COPLA: A Transnational Criminal Court for Latin America and the Caribbean' (2019) 88 Nordic Journal of International Law 587; Mikkel Jarle Christensen, 'Crafting and Promoting International Crimes: A Controversy among Professionals of Core-Crimes and Anti-Corruption' (2017) 30 Leiden Journal of International Law 501; Harmen van der Wilt, 'Slavery Prosecutions in International Jurisdictions' (2016) 14 Journal of International Criminal Justice 269; Neil Boister, 'International Tribunals for Transnational Crimes: Towards a Transnational Criminal Court?' (2012) 23 Criminal Law Forum 295; Neil Boister, 'Treaty Crimes, International Criminal Court?' (2009) New Criminal Law Review 341; Sonja Staff, 'Extraordinary Crimes at Ordinary Times: International Justice Beyond Crisis Situations' (2007) 1010 Northwestern University Law Review 1257; Andreas Schloenhardt, 'Transnational Organised Crime and the International Court: Towards Global Criminal Justice' (2005) 24 University of Queensland Law Journal 93. 2 Patrick Robinson, 'The Missing Crimes' in Antonio Cassese et al (ed) The Rome Statute of the International Criminal Court: A Commentary, Vol. I (OUP 2002). 3 African Union, Protocol on Amendments to the Protocol on the Statute of the African Court of Justice and Human Rights. 4 See generally Charles C. Jalloh, Kamari M. Clarke, and Vincent O. Nmehielle, The African Court of Justice and Human Rights and Peoples' Rights in Context: Development and Challenges (CUP 2019). 5 Mark L. Wolf, Richard Goldstone, and Robert I. Rotberg, 'The Progressing Proposal for An International Anti- Corruption Court', American Academy of Arts & Sciences (2023); Mark L. Wolf, 'The World Needs an International Anti-Corruption Court' (2018) 147 Daedalus 144; Mark L. Wolf, 'The Case for an International Anti-Corruption Court: Executive Summary', Brookings (2014). Mark Wolf's proposal was preceded by a proposal put forth by an academic: Martine Boersma, Corruption: A Violation of Human Rights and a Crime under International Law? (Intersentia 2012). 1 OThe Authors 2023

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