ABSTRACT

This chapter offers a critique of how this process of power gathering is taking place in a way to suggest a complementary view to a mere explanation based on judicial pro-activism. It reviews the International Criminal Court (ICC) bench composition and how judges of the ICC are selected. In the chapter ICC microcosm is also considered in its spatiality, Western Europe, to suggest furthering of a supranational actor that generates and sustains its agenda to produce effective authority. It explains the positioning of the ICC in the proximity of other supranational courts allows for the maximisation of its potential. The geography of the ICC is a point that should be considered when discussing judicial agency. The Independent Panel's first report, issued in November 2011, may add further evidence to appreciate the process of furthering the judicial agency.