Search: palestine icc
17 Aug Revolting Against the Article 98 ICC Agreements
...Nazis charge US military forces with crimes with the ICC because US forces supposedly "mistreat' them upon capture, but it is clear that no bodily harm was ever done to the Nazis. The ICC however beased upon its moral relativist charter charges the US troops with war crimes until the bureaucracyy can get things "sorted out". Moral relativist logic fallacy.So all the ICC is for the United States is an unnatural international police state control to be used against a free country, when the ICC is specifically designed to confront...11 Apr Complementarity Compromised? The ICC Gives Congo the Green Light to Re-Try Katanga
heart of the ICC’s decision to allow Katanga’s trial before the DRC’s High Military Court. Though it is ostensibly a procedural safeguard for ICC defendants who go back to their country of origin, the ICC Presidency appears to have precious little time for Katanga’s fair trial rights. Citing the Libya admissibility challenges, the judges emphasize that the ICC ‘is not an international court of human rights’ (para. 31). In two brief but astounding paragraphs, the ICC dismisses Katanga’s concerns about an unfair trial in the Congolese military system, where he...
04 Oct Distant Justice Symposium: A Reply by Phil Clark
...extent to which the ICC has entrenched undemocratic regimes in Africa. The ICC, he argues, is a ‘mildly consequential cog in the wheel of DRC and Uganda politics’ – and regardless these states, which were violent and undemocratic long before the ICC intervened, have since made important democratic advances, evidenced by the string of recent national elections in the two countries. Owiso questions the extent of the ICC’s political influence in Africa: it may be negative but is it as negative as Distant Justice contends? Chapter 3 of the book...
03 Feb ICC and Palestine Symposium: ‘Injustice Anywhere is a Threat to Justice Everywhere’ – Palestine, Israel, and the ICC
...of the International Criminal Court (ICC) investigating crimes committed in Palestine. Even respected proponents of international justice have lined up to proffer reasons as to why an ICC investigation should be thwarted. In doing so, they project a vision of international criminal justice that should only be available some places, some of the time. There are major costs to this view – for both Palestine and Israel, for the ICC, and for the project of international criminal justice. The ICC route has its limitations, but efforts to achieve even a...
04 Jan A Response to Mariniello About the Palestine Investigation
“crime scene”…, never sought to visit Palestine’. Since June 2021, the Prosecutor had not provided any updates on the Palestine investigation. There is no question the OTP has dedicated more resources to the Ukraine situation than to any other situation in its history — including Palestine. But the contrast is still vastly overstated. Khan has made several visits to Palestine (counting his visit to the Rafah gate). Khan has attended press conferences about the Palestine situation. Khan has announced plans to open a field office as part of the Palestine...
07 Jun Complementarity in the Palestine Situation at the ICC: Could Article 70 Conduct Render Israel “Unwilling” to Investigate Genuinely?
[ Toby Cadman , co-founder of The Guernica 37 Group and joint head of Guernica 37 Chambers. Dr Tomas Hamilton , Guernica 37 Chambers and Adjunct Faculty at the University of Amsterdam. In recent allegations that Israeli officials interfered with the ICC’s work on Palestine, +972 Magazine, Local Call, and the Guardian documented a nine-year, state-orchestrated campaign of spying, hacking and intimidation against the Court. Described as deeply-disturbing attempts to pervert the course of justice, the legal commentary has discussed the potential for ICC arrest warrants under Article 70 of the Rome...22 Jan No, Going to the ICC Is Not “Lawfare” by Palestine
Nazis, the ICTR prosecuting only Hutus. But the ICC? The ICC investigates situations, not specific crimes. By ratifying the Rome Statute and filing its Art. 12(3) declaration, Palestine has taken both Israel and itself to the ICC, not Israel alone. Palestine thus no longer has any control whatsoever over which individuals and which crimes the OTP investigates. That’s not lawfare, that’s bravery — especially given that, as I’ve pointed out time and again on the blog, the OTP is quite likely to go after Hamas crimes before it goes after...
03 Feb ICC and Palestine Symposium: ‘Sometimes They Come Back’: The Question of the ICC’s Territorial Jurisdiction in Palestine
Justice Everywhere’ – Palestine, Israel, and the ICC by Mark Kersten Mind the Gap– The ‘Palestine Situation’ before the ICC by Alice Panepinto General Assembly Resolution 67/19 and Palestine as a State before the ICC by John Quigley The (Non) Effects of Oslo on Rights and Status by Jeff Handmaker and Alaa Tartir Prosecuting Settlements as War Crimes and Crimes against Humanity–The ICC’s Jurisdiction over the Occupied Palestinian Territory by Katharine Gallagher ‘Imprisoning’ Self-Determination–The Israeli Military Law Enforcement System in the West Bank and Its Relevance for the ICC by Luigi Daniele...06 Apr The Advantage for Palestine of a Slow Preliminary Examination
Nearly everyone treats Palestine’s membership in the ICC as a done deal; after all, the UN Secretary-General (UNSG) has accepted Palestine’s accession to the Rome Statute and the OTP has publicly stated that “since Palestine was granted observer State status in the UN by the UNGA, it must be considered a ‘State’ for the purposes of accession.” But neither the UNSG nor the OTP has final say over whether Palestine qualifies as a state; as Eugene Kontorovich, my friend and regular Israel/Palestine sparring partner, has repeatedly pointed out on Twitter...12 Sep The Fallacy That Attacking a Judicial Institution and its Personnel Protects Americans: A Response to John Bolton’s Speech
the ICC, and is not bound by the ICC's decisions on anything, including jurisdiction. Of course you are right that if the US satisfies the ICC, whether on complementarity or anything else, the ICC will leave it alone, but the US is not obliged to satisfy the ICC. Instead, the US has conducted a largely successful campaign to prevent the ICC from being able to affect American interests. The last thing it should now do is give the ICC some kind of legitimacy by appearing before it. That said, I...