Through the most recent proceedings initiated by the Prosecutor of the International Criminal Court (ICC) against Walter Barasa, the issue of proceedings for alleged offences against the administration of justice pursuant to Article 70 of the Rome Statute has gained relevance for both legal practice and in the academic field. The regime estab lished by the article differs significantly from the one applicable to the ad-hoc tribunals as it shifts power from the Chamber to the Prosecution. This article aims at exploring the implications this changed legal framework has for the upcoming legal proceedings, taking into account in particular the rights of the accused and the risks of the OTP's investigatory and prosecutorial monopoly. It will further explore the legal tools avail able to ICC judges in order to remedy these implications and discuss the possibilities for applying lessons learned.
This article probes the relationship between archives and history by examining the archive policy on historical research in the first modern administration state of the German lands, the kingdom of Bavaria. Given the continuing tradition of the theory and practice of the arcana imperii in the 19 th century, state archives served first and foremost the state. As a result, researchers' interest in archival material was to undergo an administrative vetting procedure, in order to safeguard the interests of the state. By examining comparatively the cases of two petitioners supplicating for the historical use of state archives in Munich, the article showcases the policy of secrecy and the resultant administrative threshold separating the sphere of the arcana from the public. Caution guided the archive politics of state officials and, ultimately, their more or less explicit notions and concerns decided which material was finally to be released, in order to become a 'source' for historical study. Historical researchers such as the writer Alessandro Volpi and the historian August Kluckhohn were thus required to meet specific criteria and to overcome political hurdles, in order to gain access to the desired clues guarded by the state. As a result of this, the opportunity to inspect archival material was very much dependent on the political communication between petitioner and government, and its result, the granting or denial of access, was not without ramifications for historical research and the epistemic status of historical knowledge.
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