Search: palestine icc
23 Dec Crimes against the Rohingya: ICC Jurisdiction, Universal Jurisdiction in Argentina, and the Principle of Complementarity
adopting broad interpretations extending the territorial reach of the ICC (see also Schabas, p. 68). In any event, the ICC’s territorial jurisdiction places constraints on the scope of investigations and cases before the ICC. Moreover, the ICC’s extensive interpretation of RS Article 12(2)(a) could give rise to challenges to the ICC’s jurisdiction under RS Article 19 by, for example, the accused or by Myanmar, which could derail the entire proceedings. Complementarity: ICC Investigations and Universal Jurisdiction in Argentina It is well known that complementarity embodies the notion that the ICC...
04 Feb ICC and Palestine Symposium: Mind the Gap– The ‘Palestine Situation’ before the ICC
has territorial jurisdiction in Palestine. The Court faces a crucial decision: either it recognises that the ICC has judicial oversight over international crimes in Palestine (by virtue of the reasons put forth by my colleagues in this symposium), or it decides that Palestine remains in the blind spot of international justice, a legal black hole of where impunity is granted for the most serious crimes of international concern. As such, in accepting or rejecting territorial jurisdiction over Palestine, the Court will be forced to clarify its position within international law:...01 Aug The Most Complete Account to Date of Melinda Taylor’s Detention
Gehani informed the ICC delegation that all four ICC officials were detained under the authority of the Prosecutor-General,and that the Counsel and the ICC interpreter were suspects, although no written orders were provided to them nor was the legal basis for their detention explained. Dr. Gehani also informed the ICC delegation that the NTC Chairperson had confirmed their detention. After the Prosecutor finished interrogating the guard and Mr. Gaddafi, the ICC delegation was informed that it could in principle leave, but since it was late at night, it would be...
24 Nov We are Witnessing a Genocide Unfolding in Gaza: To Stop it, the ICC Prosecutor Must Apply the Law Without Fear or Favour
in Ukraine to the Court. Not a single one of these states referred the situation in Palestine (especially in Gaza) to the Court. Notably, the OTP has recently received a referral of the Situation in the State of Palestine, from five States Parties: South Africa, Bangladesh, Bolivia, Comoros and Djibouti. Most Western states, with very few exceptions, never even mentioned the ICC or called for accountability when addressing the situation in Palestine. Independently, the interpretation, understanding and execution of the ICC Prosecutor’s mandate should be in accordance with the rules...06 May Can the ICC Prosecutor Investigate Gaza? ICC Prosecutor Opens the Debate
Perry, Israel, Palestine and the ICC, 5 November 2009 David Davenport, Kenneth Anderson, Samuel Estreicher, Eugene Kontorovich, Julian G. Ku, and Abraham D. Sofaer, The Palestinian Declaration and ICC jurisdiction, 19 November 2009 Al Haq, Position paper on issues arising from the PA submission of a Declaration to the Prosecutor of the ICC under article 12(3) of the Rome Statute, 14 December 2009 Alain Pellet, Les effets de la reconnaissance par la Palestine de la compétence de la CPI, 18 February 2010 (English translation ) Errol Mendes, Statehood and Palestine...
01 Oct Distant Justice Symposium: Phil Clark’s ‘Distant Justice’–A Wake-Up Call for the International Criminal Court or a Case for Managing Expectations?
in which it operates. Was the ICC really envisioned as a panacea? Clark has deftly woven through some of the intrigues facing the ICC especially in its involvement in the DRC and Uganda. However, the book gives the overall impression that the drafters of the Rome Statute (RS) envisaged the ICC as an omnipotent defender of the oppressed from their oppressors, a task which in the book’s estimation the ICC has miserably failed at. While it may be attractive to imagine the ICC in this way, this is not what...25 Sep Palestine and the ICC: Some Notes on Why It Is Not a Closed Chapter
[Dr. Chantal Meloni works at the University of Milan and is a von Humboldt scholar in Berlin. She is the co-editor of Is there a Court for Gaza?, T.M.C. Asser 2012)] The question that many scholars are dealing with in the past months, following the 3 April 2012 update by the Office of the Prosecutor (OTP), is whether the Palestine-ICC chapter should be regarded as closed. In this short analysis I intend to delineate why, in my opinion, the Palestine-ICC chapter is far from over. The issue is of particular...
10 Jun Are the Oslo Accords Still Valid? For the ICC and Palestine, It Should Not Matter
...to its jurisdiction in Palestine. The Israeli government and several amici submissions strongly argue against Palestinian statehood and the validity of Palestine’s accession to the ICC. Similarly, political discord between leading Palestinian factions may raise questions concerning the extent of the State of Palestine’s jurisdiction over the entire Palestinian territory, since the Palestinian Authority has limited governance in the Hamas-held Gaza Strip. While it seems clear that the validity of the Oslo Accords could not condition the ICC’s jurisdiction in the oPt, certainty over the termination of the Accords could...04 Aug Guest Post: Effective Control and Accepting ICC Jurisdiction
of condominium). One might say, that’s not fair! Palestine cannot join the ICC because it’s occupied? But don’t occupied countries need the ICC the most? But this is just a rehash of the coup argument. While military junta countries and occupied countries may need the ICC more, this is just an argument for countries joining the Rome Treaty early, before they need it. Of course, “the State of Palestine” is an odd duck, because in any other situation, international law clearly says one cannot become a new state while occupied;...