Shai Dothan (University of Copenhagen – iCourts – Centre of Excellence for International Courts) has posted The ICC is NOT a Slice of Cheese (Forthcoming in Journal of International Criminal Justice) on SSRN. Here is the abstract:
My friend Jakob Holtermann compared the International Criminal Court (ICC) to a slice of swiss cheese. The metaphor is meant to indicate that the ICC operates as a filter that would deter some of the criminals left undeterred by national criminal law systems, which is true. But the metaphor also suggests that the ICC would only deter extra criminals and would not damage the deterrence achieved by preceding filters, which is false. This paper explains why.