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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...
09 Feb Guilty on 61 Counts – What the Ongwen Verdict Indicates about the Limitations of Individual Criminal Responsibility for Mass Atrocities
the reasoning behind the judgment suggests that the type of perpetrators that can be brought to justice at the ICC is significantly limited. More specifically, the ICC’s trial record thus far indicates that the Court is more likely to convict mid-level commanders associated with insurgent groups (e.g. Katanga, Al-Mahdi, Ntaganda) and acquit high-level political figures (e.g. Bemba, Gbagbo). The Ongwen verdict confirms this trend. While scholarly analysis often looks to the complex political environment of the ICC to explain the limited pool of defendants, in this post I do something...
31 Jan As Rome Mutinies, Justice for Libya Fades
arrest warrants. Instead, any act of cooperation with the ICC requires prior formal communication between the MoJ – the central authority responsible for receiving, coordinating and following up on ICC’s requests – and the General Prosecutor (Art. 2 Law 237/2012). This interpretation of Law 237/2012 raises two significant issues. First, the law’s general provisions explicitly state that ICC cooperation should follow extradition norms unless otherwise provided (Art. 3 Law 237/2012). Thus, the lack of reference to the concrete modalities for executing ICC arrest warrants in Law 237/2012 leaves open the...
01 Dec Complementarity Is No Excuse: Why the ICC Investigation in Libya Must Include Crimes Against Migrants and Refugees
Libya’s Dark Web of Collusion; Human Rights Watch 2019 report No Escape from Hell: EU Policies Contribute to Abuse of Migrants in Libya; and a communication to the ICC). As such, the question is not whether these crimes have been committed, but who should be investigating and prosecuting them. The ICC seems to be the most obvious answer for several reasons: (1) the ICC is able to fully capture the gravity and complexity of the crimes in a way that domestic courts cannot; (2) the ICC is not impeded by...
08 Aug Symposium on Unbroken Bond: Tracing the Ties Between African and Palestinian Anti-Colonial Struggles – Wale ni sisi: Na sisi ni wale: (Re)viewing the Palestinian Struggle from an African Anti-colonial and Anti-imperialist Lens
...not the Palestinian. This explains why these governments can support mass atrocities in Gaza while retaining a purported commitment to human rights. Palestine has been dehumanised to achieve geopolitical and imperial interests. On one hand, the West accelerates the sale of weapons to Israel while, on the other, it sends food aid to Palestine to achieve domestic political goals. Warnings about genocide, war crimes, apartheid, and forced starvation have only been met by additional weapons for the exacerbation fo the suffering in Palestine. That Israel, with the support of Western...
09 May Jurisdiction in Palestine: What the ICC Prosecutor Did Not Say in Her Response …
the Mandate for Palestine should be given to Britain in order to put into effect the Balfour Declaration, made by the British government and adopted by other allies, in favour of the establishment in Palestine of a national home for the Jewish people. The preamble of the Mandate for Palestine recited that the allies had agreed that Britain would be responsible for putting into effect the Balfour Declaration and that recognition had thereby been given to the historical connection of the Jewish people with Palestine and to the grounds for...
08 Jul The Sum of Four Fears: African States and the International Criminal Court in Retrospect–Part I
outline at its founding in 1998 – and which have come to be realized, for the worse, with each year passing. The current situation might thus be characterized both as African states falling out with the ICC and as the ICC falling in to patterns of behavior that African states raised legitimate concerns about, and thus sought to guard against, at Rome in 1998. Rome revisited Much has been written about African states ‘astonishing enthusiasm’ for, and participation in, the establishment of the ICC in Rome in 1998, and the...