Search: palestine icc
29 Sep The Tone-Deaf ICC Prosecutor
be possible. Also, surely two years of active is sufficient time to say "justice delayed is justice denied." Milan Markovic I wonder if Ocampo is overstating the importance of the General Assembly's determination. Isn't the key question whether Palestine was a state when it filed its declaration under Article 12(3) of the ICC Statute in January 2009? If Palestine was not a state, then its declaration was invalid and the ICC would not have jurisdiction over any crimes committed on Palestinian territory. Moreover, if Palestine joins the ICC after it...01 Apr A Response to Alonso Gurmendi: The ICJ Must Consider Israel’s Legal Rights to the West Bank, Gaza and East Jerusalem
...Opinion of 5 February 2021, Annex I to the Decision of ICC Pre-Trial Chamber I on the Court’s territorial jurisdiction in Palestine). In fact, “Palestine” as an administrative and political entity was first created after the British occupation in 1918 and formally approved in 1922 by the Council of the League of Nations. Under Ottoman rule, there has been no administrative entity known as “Palestine”. Rather, the territory had been divided between the three sanjaks (districts) of Jerusalem, Nablus and Acre. As Shaw demonstrates, relying on Crawford, no mandated territory...
11 Sep Contemporary International Criminal Law After Critique Symposium: Transformative Justice – Abolition and International Criminal Law
...the ICC under article 12(3) of the Rome Statute, for ‘acts committed on the territory of Palestine since July 1, 2002’. Three years later the ICC Prosecutor declined jurisdiction, citing a lack of clarity around the status of Palestinian statehood. In January 2015, the Government of the State of Palestine lodged another declaration accepting the jurisdiction of the ICC, this time over alleged crimes committed ‘in the occupied Palestinian territory, including East Jerusalem, since June 13, 2014’. It wasn’t until February 2021 that the Pre-Trial Chamber I had confirmed that...30 Jun Implications of the 30th Ratification of the International Criminal Court’s Crime of Aggression Amendment by Palestine
you that the crime of aggression is important. However, Palestine's accession is of importance for being the 30th State Party which fulfilled the first condition of activating the ICC jurisdiction. Since the 2012 UNGA Res., Palestine has been accorded a new status enabling it to act as a State at the international level and acceded to a vast range of treaties without any single reservation and, as expected, only three States objected and presented the same argument. Whether you recognized Palestine as a State or not it is a matter...
27 Mar Putin Arrest Warrant: International Law and Perceptions of Double Standards
was an unprecedented step by the Prosecutor. In other situations where civil society and victims have advocated for the ICC prosecutor to exercise preventative complementarity or issues statements of this kind particularly in desperate contexts of extreme atrocity (including by states parties to the ICC Statute), the court has not been as forthcoming. This is likely because of the ICC’s interest in maintaining strong and cooperative relationships with such states and their influential supporters. With Russia not being party to the Rome Statute of the ICC, the Court presumably does...
17 Nov Legal Consistency in the ICC Jurisprudence: A Brief Critique of the ICC’s Response to Recommendations on the Jurisprudence Made in the Independent Expert Review Report
...Response to Recommendation 217, the ICC is trite. It notes that all ‘Chambers of the Court already carefully consider previous jurisprudence before reaching their own decisions’ (Response para 387). Recommendation 217 did however not revolve around the consideration of existing jurisprudence (Response paras 387, 389). Rather, it was about the ICC Chambers ‘departing from established practice or jurisprudence’ without providing sufficient reasoning as to why. Granted, the ICC may not have wanted to delve into the intricacies of the specific case referred to in the Report, the Bemba Judgment on...
16 Nov Selecting the ICC’s Next ASP President: High Scrutiny for High Stakes
questionable behavior as Chef de Cabinet. Fernández de Gurmendi’s relationship with the ICC began when she served as an Argentine diplomat for the negotiations that led to the 1998 creation of the Court in Rome. By currying favor with the United Kingdom and Canada, she was able to shepherd through Moreno-Ocampo’s successful candidacy as the ICC’s first prosecutor. According to Morten Bergsmo (here), who served as the OTP’s Senior Legal Adviser during the ICC’s early years, as well as ICL expert Christopher Mahoney (here), Fernández de Gurmendi persuaded Moreno-Ocampo that...
19 Dec Symposium on Classism and the International Legal Profession: Structural Classism in the International Criminal Law Profession – Global North-South Boundaries and Limitations
both the Global South and the Global North. Structural Classism and its Limitations on Diversity in Practice at the ICC Our primary argument is that prejudice and discrimination inhibited through the ICL system’s failure to intentionally remove hindrances that inhibit less-advantaged African lawyers from accessing opportunities in institutions such as the ICC is driven by classism. During the term of Fatou Bensouda as its Chief Prosecutor, the ICC sought to re-image its work, as exemplified in her conciliatory approaches towards the African Union and engagements with leaders in situations like...
06 Feb ICC and Palestine Symposium: The (Non) Effects of Oslo on Rights and Status
of dubious legal value. In fact, the jurisdictional scope of the ICC is considerably wider than the OTP specifies in its request. Hence, as this matter moves forward, the ICC’s understanding of its jurisdictional scope should not be constrained by the exceptionalist framing of the Oslo Process. This includes the fundamental rights of Palestinians and in particular the ICC’s jurisdiction over crimes against humanity, including the crime of apartheid, of which there is abundant evidence. An effective ICC investigation goes hand in hand with accountable leadership A future ICC investigation...
24 Apr ICC Prosecutor Symposium: The ICC Assembly of States Parties’ Selection Process for the Third ICC Prosecutor
...Conflict/Opinio Juris symposium on the ICC Prosecutor, is dedicated to the memory of Felipe Michelini, Chair of the Board of Directors of the ICC’s Trust Fund for Victims, who passed away following a tragic accident as this piece was being finalized.] Introduction As Chairs of the ICC Assembly of States Parties Committee and Panel of Experts on the Election of the Prosecutor, we have read with interest the thoughtful articles in the recent symposium on “The Next ICC Prosecutor.” As the conveners rightly stressed in their introduction, “the choice of...