Search: palestine icc
12 Feb The Conviction and Sentencing of Ex-rebel, Thomas Kwoyelo, 15 Years On
...practices for comparable charges between the ICC and national courts. Without such standardisation, accused persons might prefer to be prosecuted by the ICC rather than national courts, yet the ICC lacks the capacity to handle all cases. Therefore, more standardised sentencing practices between the ICC and national courts should be considered to reduce these disparities. Defences Kwoyelo, like Ongwen, argued that he was abducted by the LRA as a child, indoctrinated, and forced to commit crimes under duress (Kwoyelo Judgment para 111). However, Uganda’s criminal law does not recognise duress...09 Jan Is the EU Adopting a Double-Standards Approach toward Israel and the Palestinian Territories? (Part 1)
...the British mandate ended, and to occupy only that part of Palestine awarded to the Arabs which was contiguous with the frontier of Transjordan. See Sir John Bagot Glubb' "A Soldier With The Arabs", Harper, 1957, pages 63-66. Historian Eugene Rogan says that petitions, from nearly every town and village in Palestine, are preserved in “The Hashemite Documents: The Papers of Abdullah bin al-Husayn, volume V: Palestine 1948 (Amman 1995)”. See Chapter 5, Jordan and 1948, in “The war for Palestine: rewriting the history of 1948″, By Eugene L. Rogan,...
29 Aug Ukraine’s Perspective on the Long-Awaited Ratification of the Rome Statute and What Comes Next
...with respect to the crime of aggression and accepts the ad hoc jurisdiction of the ICC retroactively with respect to the crime of aggression as of 17 July 2018. The ad hoc jurisdiction acceptance is a symbolic gesture, given that the ICC will not be able to try senior Russian leaders in light of Russia’s non-ratification of the RS and Kampala amendments (paras 1 (2) & 2). Cooperation The bill details the process of cooperation between the ICC and Ukrainian authorities. All ICC requests for cooperation should be communicated either...
10 Apr ICC Prosecutor Symposium: The Next ICC Prosecutor
Office of the Prosecutor (OTP) of the International Criminal Court (ICC) has held several regional cooperation or technical cooperation seminars with the African Union Commission (AUC) and Non- Governmental organizations (NGOs). Examples of these seminars include the 2019 joint ICC and Institute for Security Studies (ISS) seminar on witness management in Africa. The OTP should continue organizing high level seminars on fostering cooperation with the ICC, joint African Union (AU)/ICC seminars, and retreats as a way of promoting dialogue and cooperation with the ICC and understanding the ICC’s Jurisdiction. The...
08 Apr The Next ICC Prosecutor: A Joint Opinio Juris and Justice in Conflict Symposium
...Enjoy! Luis Moreno Ocampo, The Challenges for the Next ICC Prosecutor David Crane, The Chief Prosecutor: Diplomat, Politician, Leader, Manager, and Lawyer Liz Evenson, The Next ICC Prosecutor Should Resolutely Hold the Most Powerful to Account Christian De Vos and Mariana Pena, Electing the Next ICC Prosecutor: A Generational Opportunity, Stephen Lamony, The Next ICC Prosecutor Geoff Dancy, Evaluating the ICC’s Chief Prosecutor Tom Dannenbaum, Against Modesty at the ICC Douglas Guilfoyle, How do we assess the performance of the ICC’s first Prosecutors? William Schabas, ICC Prosecutor Symposium: The Search...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...