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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...
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...
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...
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...