PRODUCTOS Y PREPARACIONES REPRESENTATIVOS DE LA COMUNIDAD DE VALENCIA

This thesis collected data to support its arguments from a variety of sources. These sources can be divided into three broad groups: interviews, speeches, and official documents. The remainder of this Section will discuss these in turn detailing the rationale for their selection and sources themselves in more detail.

4.4.1 Interviews

This thesis collected data using formal interviews. These interviews were held with individuals from a cross-section of stakeholders relating to the work of the ICC. Formal, individual interviews were chosen because, as highlighted by Bruce Berg, they allow researchers to uncover a “subject’s thoughts, opinions and attitudes about study related issues” (Berg, 2009: 105). Moreover, Berg also suggested that interviews are often chosen as a research method in qualitative studies because of their instrumental benefits, which include: gathering subject specific data informed by specific knowledge and personal experiences (2009: 102-106). For this thesis, these instrumental benefits of interviews were a strong mitigating factor in interviews being chosen as the primary method of data collection because the researcher had no previous experience of working for or in relation with the ICC. As such, interview respondents, who either worked for of in close proximity to the ICC, were considered to be a means for providing invaluable knowledge regarding the Court’s informal workings and practice.

Interview Process

The types of interviews available exist on a spectrum from unstructured to structured (see Davies, 2006: 157; Walliman, 2006: 91-92; Leonard, 2003: 167-168). This thesis conducted semi-structured interviews for three reasons: they are flexible discussions that allow the

141 researcher to guide proceedings where necessary; they give respondents the freedom to interpret the questions and provide full, comprehensive responses; and they allow for follow- up discussions to occur when needed (see Brinkmann, 2008: 470; Leonard, 2003: 167-168). For this research, using semi-structured interviews meant that the researcher had a pre- constructed list of potential questions (see Appendix A) and, although the interview always started with the same question, not all the questions or topics would be covered in the interview and the questions would not necessarily be asked in the order they appeared on the sheet. In reality, the interviews conducted ranged in length from 30 to 90 minutes, depending on the length of answers given by respondents and their personnel time limitations.

Initially, face-to-face interviews were the preferred method for the researcher because, as research suggests, meeting the respondent in person, and at a time and location convenient for them, is perhaps the most effective means for eliciting the most information (see Walliman, 2006: 92). Furthermore, face-to-face interviews also allow the researcher the opportunity to read/interpret the body language and facial expressions of the respondent (see Walliman, 2006: 92); although this data was not a source of interest for this thesis where the focus was entirely on their verbal responses. However, having conducted the first four interviews face-to-face, making one trip to The Hague and two separate trips to London, it soon became apparent that both financially and logistically face-to-face interviews were not often a viable method to be considered. Thus, financial, logistical and practical constraints, such as the geographically dispersed nature of potential respondents, meant that although not considered as effective as face-to-face interviews the remaining interviews would be conducted via telephone and/or internet video calling as these were cheaper and more

142 convenient for respondents who were happy to accommodate an interview into their busy schedule.

This meant that telephone interviews developed into the primary method used to conduct interviews for this thesis. As mentioned in the literature, early on the researcher found this style of interview to be more difficult than face-to-face because it was challenging to pick-up cues as to when a respondent is nearing the end of their response and you have to listen very carefully to compensate for the decline in quality experienced over the call (see Walliman, 2006: 92). However, with experience, and given their financial, logistical and practical benefits, telephone interviews proved to be a good substitute for face-to-face interviews, especially for those researchers looking to interview a geographically dispersed and busy group of respondents (see Bloor and Wood, 2006: 61-63; Walliman, 2006: 92-93).145

This thesis interviewed professional respondents based in Glasgow, London, Paris, Brussels, The Hague, New York, Los Angeles, and Florida, meaning that organising trips to meet with all these individuals in person would have been extremely costly and time-consuming. Moreover, the busy schedules of respondents meant that on more than one occasion interviews were cancelled at the last minute. Had these interviews been planned to be conducted face-to-face this could have resulted in wasted time and money as well as being challenging to rearrange. But, the use of telephone interviews meant that the costs of cancellation and process of rearranging the discussions were kept to a minimum. Finally, when given the choice of whether to be interviewed face-to-face or via telephone many respondents requested a telephone interview or at least cited it as their preferred method.

145 _{Nicholas Walliman listed telephone interviews as the most suitable method for interviewing busy people (see}

143 As such, finances and logistics of being a lone researcher dictated that telephone interviews were perhaps the most cost-effective means for gathering data.

In addition to telephone interviews, the researcher also conducted some video interviews via Skype. Although still limited when compared to discussions on face-to-face and telephone interviews, there is a growing body of literature dedicated to internet video research interviews (see Lo Iacono, Symonds and Brown, 2016; Deakin and Wakefield, 2014; Janghorban, Roudsari and Taghipour, 2014; Sullivan, 2012). It is argued that video calling merges some of the financial, logistical and practical benefits of telephone interviews with some of the benefits of face-to-face interviews, such as the use of visual triggers and rapport building with the respondent (see Lo Iacono, Symonds and Brown, 2016; Deakin and Wakefield, 2014; Janghorban, Roudsari and Taghipour, 2014; Bloor and Wood, 2006). The researcher found that where the respondent had access to Skype and a place where they could conduct the interview in privacy then this method was by far their most preferred. However, finding this necessary private place proved challenging for many respondents who operated in shared offices and as such telephone interviews were more popular. In terms of their use, this researcher found Skype interviews to be just as convenient as telephone interviews but more effective in terms of the interview itself as the visual triggers made the conversation flow better. Moreover, in terms of the conversation and rapport between interviewer and interviewee, Skype interviews delivered similar results to face-to-face interviews.

Finally, the researcher ensured that the entire interview process was formally consented and met with broader ethical considerations, outlined in Section 4.6. All respondents were initially provided with a research information sheet, found in Appendix B,

144 which detailed the purpose of the research and what the interview process would entail. Moreover, once a respondent accepted the interview request, they were asked to complete an interview consent form, attached in Appendix C, which allowed them to choose if they were happy for the interview to be recorded, the level of anonymity they required (be it person and/or organisation based), and whether they wanted to preview a copy of the written transcript once created (see Brinkmann, 2008: 471; Fontana and Frey, 2005: 715-716). All interview respondents allowed the interview to be recorded which was important because it enabled the researcher to listen in-depth to the responses, rather than having to make detailed notes about what was being said, and allowed the researcher to be fully engaged in the discussion, thus making the interview a two-way process (see Bloor and Wood, 2006: 16- 18; Walliman, 2006: 93). Moreover, recording the interviews made their accurate transcription possible. All of the interviews were transcribed by the researcher which was a useful but time-consuming process (see Bloor and Wood, 2006: 166-167; Walliman, 2006: 93). Transcribing the interviews personally allowed the researcher to become very familiar with the content of the interviews, which proved useful in the writing-up stage and during the presentation of ideas at conferences and workshops (see Bloor and Wood, 2006: 167). Once transcribed, a copy was either emailed or mailed to all respondents who had requested a preview. The transcript was accompanied by a disclaimer stating that if no further correspondence is received in four weeks, then it will be taken as meaning that the transcript is accepted for use. In all, only one of the interview respondents replied with any comments regarding the transcript or its content.

Interview Participants

Given the broad topic of this thesis, deciding who to interview was a very challenging process. This thesis deployed a form of, what Ted Palys termed, “purposive sampling” which involves

145 “a series of strategic choices about with whom, where, and how one does one’s research [and]… implies that researchers sample must be tied to their objectives” (Palys, 2008: 697). This method of sampling means that researchers need to understand “what they want to accomplish and what they want to know” and that this information will then be used to develop an appropriate sample (Palys, 2008: 697). Palys identified nine different forms of purposive sampling and the sample for this thesis was designed in accordance with two - stakeholder sampling and criterion sampling (see 2008: 697).

According to Payls, stakeholder sampling “involves identifying who the major stakeholders are who are involved in designing, giving, receiving, or administering the program or service being evaluated, and who might otherwise be affected by it” (Payls, 2008: 697). This method of sampling was used to identify the groups respondents would come from rather than the specific individuals who would be spoken to. This thesis made a conscious effort to interview individuals from groups who were directly linked to, or impacted by, the ICC’s practice, namely: Non-Governmental Organisations (NGOs); Inter-Governmental Organisations (IGOs); domestic policymakers; legal personnel; and ICC employees. Moving on to criterion sampling, Payls explained that it “involves selecting cases or individuals who meet a certain criterion, for example, that they… have had a particular life experience” (2008: 697). As alluded to above, the criteria used by this thesis to determine suitability for interview included: having worked for or alongside the ICC; working for an organisation that has regular contact, and/or experience of dealing, with the ICC; or experience in working with individuals whose lives are directly impacted on by the work of the Court. Thus for this thesis, criterion sampling enabled the researcher to narrow down the organisations, sections of organisations, and subsequently the individuals where interview requests would be sent.

146 For instance, NGOs were selected on the basis of their work focus, such as human rights campaigning and monitoring, with specific individuals targeted because of their personal expertise vis-à-vis issues of international criminal law, justice, and/or the ICC. Likewise, IGOs were selected only when their work was directly linked to that of the ICC and again individuals were chosen on the basis that they had a direct involvement with, or personal knowledge about, issues relating to international criminal law, justice, and the relationship of their organisation with the ICC. Domestic policymakers was a challenging group to sample not only because the ICC is comprised of over 120 states but also because even non-member states have opinions on the Court. As such, the researcher had to make a conscious decision about which state, or states, representatives would be interviewed. Given the researcher’s location it was decided that United Kingdom (UK) policymakers would be targeted for interviews with the opinions of other states being elicited from speeches and official documents. In relation to the UK government, the individuals highlighted for interview were current and former Foreign and Commonwealth Office (FCO) ministers, and civil servants who had directly engaged with the ICC and matters relating to the Court’s work, such as international law. The legal personnel were probably the easiest group to sample because it involved identifying the UK-based barristers who had either previously been employed by the ICC or had worked as a defence council at the Court.146 _{Finally, ICC employees formed an}

integral part of the sample because they were actively involved in the Court’s work and were selected from a cross-section of the ICC’s organs; although, in the interests of impartiality, representatives from the judiciary were not permitted to be interviewed.

146 _{This was done using a combination of the ICC’s approved defence council list, personal profiles on Chamber’s}

147 In total, the researcher sent 108 formal interview requests, in the form of both written letters and emails, to both individuals and/or organisations. These requests were sent out in four waves over the period of one year, starting with wave one in April 2013, which was followed by wave two in August 2013, wave three in October 2013 and the final wave in April 2014. Each request was followed-up with a letter and email sent two weeks after the initial correspondence. Furthermore, some potential interview respondents were sent more than one request across the waves which led to some positive results. As well as individual respondents, requests were sometimes sent to an organisation’s public affairs department. Initially, this was done when an identified individual’s contact information was not publically available but in the latter waves it was done more often because the researcher found that individuals became more cooperative when a request had been forwarded to them internally rather than a spontaneous request sent directly by the researcher.

The breakdown of interview requests sent in relation to the aforementioned five categories was: NGOs, 29; IGOs, 10; domestic policymakers, 17; lawyers, 31; and ICC employees, 21. From these 108 requests, the researcher conducted 23 interviews between June 2013 and 2014. In the interests of anonymity for those involved, the researcher is unable to disclose the identity of the individuals interviewed, however, those who agreed will be named in relevant quotes within the thesis. The breakdown of the groups from which the respondents came was: NGOs, 10; IGOs, 2; domestic policymakers, 2; ICC employees, 4; and lawyers, 5. Thus, it can be seen that NGOs were the most accommodating and willing to cooperate. IGOs were less accommodating with some, particularly UN agencies, declining the requests in the interests of neutrality. Ministers and civil servants were, for the most part, unwilling to comment on matters other than official government policy, so often merely repeated information that could be found in speeches and policy documents. Barristers were

148 very cooperative and knowledgeable about the topic but many of the high profile QCs, whom appear to be the only individuals permitted to practice before the ICC, were very busy and often unable to be interviewed. Finally, active ICC employees were very accommodating and the Court’s office of public affairs were helpful in identifying respondents and arranging interviews but they did limit the requests to two individuals and were quite intrusive with regards to the research content. I was also reprimanded by the office of public affairs for attempting to contact individuals directly.

4.4.2 Speeches

Speeches were chosen as a data source to supplement interviews because they provide a useful source of evidence and information regarding the general opinions and visions of stakeholders towards the ICC and international criminal justice. The speeches chosen were done so due to the topics they were covering, the individual delivering them, and in some cases the department, organisation or state they were representing.147 _{Speeches were also}

useful for gauging the opinions of high-profile individuals within the ICC, such as Chief Prosecutors, Registrars and Presidents, who, because of their time commitments and workloads, were unable to grant a personal interview. Moreover, some individuals, such as ICC judges, and organisations, like the United Nations (UN) and its constituent bodies or the International Committee of the Red Cross (ICRC), declared a line of neutrality towards the ICC itself as an organisation, its work and even the situations where it is or could be active. This left speeches they deliver as the only means for gauging their opinions towards the topics being discussed within this thesis. Where possible the transcript of the speech as it was delivered was used as the data source, rather than pre-submission documents, although on

147 _{For instance, sometimes a representative from the United Nations (UN) Secretary General’s office will deliver}

149 the occasions where the former was not available the latter was consulted alongside the video and/or audio recording of the speech as it was delivered. In short, just like interviews, speeches were primarily used as a source of evidence and a means for gauging the opinions of relevant ICC stakeholders, particularly those who were inaccessible for personal interviews.

4.4.3 Official Documents

An official document refers to any document issued by a state, international/regional organisation, NGO or media outlet that includes information about policies or context regarding a situation under investigation by the ICC. These included: official policy reports from the Office of the Prosecutor, such as those on case selection ICC, complementarity and preliminary examinations; Decisions and/or Judgments issued by the ICC’s judges, pertaining to individual cases and/or situations;148 _{reports presented, and Resolutions adopted, at the}

Assembly of States Parties’ (ASP’s) annual conference, which include discussions on complementarity, cooperation and the budget; NGO reports on crimes committed in situations under examination by the ICC and sometimes those not; UN reports, most notably those produced by official commission of inquiries, which again often detail information regarding potential violations of international criminal law; United Nations Security Council (UNSC) meeting transcripts from discussions not only on the situations of Darfur and Libya, referred to the ICC by the Security Council, but also those discussing the role of justice and international law in the context of peace and security as well as the role of the ICC in international relations; and finally the content of journalistic articles, both online and print, was used to support arguments being made. In general, these documents were chose because they provided important information and/or opinions regarding the ICC’s design, workings or

150 practice. For the most part, they provided both quantitative and qualitative data that was used to complement the broader points raised in interviews and speeches.