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08 Jul The Sum of Four Fears: African States and the International Criminal Court in Retrospect–Part II
prolonged his voyage home, but ultimately led to the death of his entire crew. Allegations of ‘double-talking’ will certainly resonate amongst the ICC’s critics, as well might the moniker ‘heartless schemer’ for victims of atrocities in Afghanistan, Palestine and elsewhere. However, even its supporters would struggle to resist the charge that the ICC has been acting out of self-interest (at least insofar as the Afghanistan decision is concerned). The claim of hubris is also likely to stick, as calls for the ICC and international criminal law to adopt a more...
23 Dec Remuneration Debacle at the International Criminal Court: Should ICC Judges Get a Pay Rise? Part I
...have relied on attractiveness of the package as the primary consideration in evaluating and reviewing the remuneration of ICC judges. By placing undue emphasis on what it considers to be an attractive package, the Panel misconceives what is or should be the primary motivating factor for candidates for the ICC bench and also downplays the fact that fair remuneration is a human right First, a judicial position at the ICC, the world’s first and only permanent international criminal court, is in and of itself an attractive career move regardless of...02 Aug Why the Failure to Provide Saif with Due Process Is Relevant to Libya’s Admissibility Challenge
the narco-terrorist group’s worst bombing took place indicts Che on hundreds of counts of murder. In this scenario, could the ICC reject the US’s admissibility challenge on the ground that the FBI tortured Che into confessing, a blatant violation of his right under Article 14(g) of the ICCPR “[n]ot to be compelled to testify against himself or to confess guilt”? Absolutely not, because the US’s violation of the ICCPR in no way threatens the viability of Che’s prosecution — it does not make him more difficult to convict. But what...01 Mar The Impact of Unpaid Internships at the ICC on the Development and Legitimacy of the ICC
...of the ICC’s woes, but it does represent a useful symbolic representation of a more abstract issue that touches at the roots of the ICC’s legal culture – that of a lack of a sustainable, future-orientated approach to the persons that will eventually people its halls and be tasked with delivering the aforementioned international criminal justice, and the effect this has on the court’s overall trajectory. The link between inefficiency and unpaid internships may be extrapolated as follows: The ICC’s work, and that of its forebears, is often accused of...25 Oct Appeals Chamber Ensures Ruto & Kenyatta Won’t Cooperate with the ICC
ICC does not rule against what is a damning indictment of the OTP http://www.icc-cpi.int/iccdocs/doc/doc1662752.pdf And in other ICC related developments in the yet to commence case of Walter Barasa which is steadily exposing the alleged nefarious conduct of the OTP. A former OTP witness had these damning sworn statements filed as part of the public record in a Kenyan court, how these cases continue to judicially limp along is a mystery in itself. With these types of revelations, it won't take much for cooperation with the ICC to collapse. 6....28 Apr The WSJ Warns Against “Flirting” With the ICC
that US jurisprudence does. And also you go beyond just a refutation but insist on labeling as "lies" the arguments contra. That is what I reacted to. Charles Ellis- you write that "The ICC is flawed for other reasons (in my opinion), reasons applicable to the ad hoc tribunals, and IMT, so the inanity of a US news organ’s editorial board does not exactly bear on the soundness of the ICC," and that you do not "favor of the ICC project/concept...." Evaluation of your negative conclusions regarding the ICC is...04 Sep Guest Post: A Complementarity Challenge Gone Awry– The ICC and the Libya Warrants
...issue in both the Saif Gaddafi and al Senussi cases was whether they should be tried in Libya or at the ICC, as the ICC will only try cases where national courts are “unwilling” or “unable” to conduct the trials. The Court ruled that Saif needed to be tried at the ICC, whereas al Senussi could be tried in Libya, as he was the subject of domestic proceedings and the ICC deemed Libya “willing” and “able” to carry them out. The ICC Appeals Chamber affirmed both rulings. Yet, despite the...
07 Feb ICC and Palestine Symposium: Prosecuting Settlements as War Crimes and Crimes against Humanity–The ICC’s Jurisdiction over the Occupied Palestinian Territory
as under the U.N. Guiding Principles on Business and Human Rights. These include banks, telecommunications companies, real estate agencies and the tourism industry. This could be the right case for the Prosecutor to dust off her 2016 Policy Paper on case selection and prioritisation that appeared to open the door to business-related liability and investigate corporate complicity in transfer crimes. Temporal Jurisdiction: Regarding temporal jurisdiction vis-à-vis the Situation in Palestine, Palestine accepted ICC jurisdiction for crimes committed since 13 June 2014. This should not be understood as limiting investigation to...
09 Oct ‘Grading’ the Nominees for the International Criminal Court Judges Election 2021-2030: The Report of the Advisory Committee on Nomination of Judges—Part I
during the upcoming 19th session of the Assembly of States Parties (ASP) from 07-17 December 2020. The nine-member committee is composed of representatives from the different regions that make up the ICC’s membership: African States: Kenya, Botswana. Asia Pacific States: Korea, State of Palestine. Eastern European States: Romania. Latin American and Caribbean States: Bolivia, Brazil. Western Europe and Other States: France, United Kingdom. All the members of this Committee are trained lawyers. With the exception of the representatives of the State of Palestine and Kenya, the rest have all served...
30 Jun The Early Stages of ICC Proceedings: Why the Court Must Ensure Access to Justice for Victims and Suspects (Part I: Victims and ICC Investigations: Rhetoric v. Reality)
[ Megan Hirst is ICC victims’ representative in the Bangladesh/Myanmar and Afghanistan situations. Marie O’Leary is acting Principal Counsel for the ICC Office of Public Counsel for the Defence (OPCD). The views in this post are those of the author alone and do not reflect the views of the ICC. Valeria Babără is Legal Adviser at Women’s Initiatives for Gender Justice, and Danya Chaikel is FIDH Representative to the ICC.] Last year, litigation in the Palestine Situation put a spotlight on the International Criminal Court’s (ICC) early stages. Over the...