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21 Jul Duterte’s Arrest, the ICC, and the Politics of Accountability
the legal and political intricacies, Duterte’s arrest also carries a deeper message: a warning to populist strongmen that they, too, can eventually be held to account. This is a lesson with striking relevance today, as populist movements rise once again. The ICC’s Resilience For years, the ICC has faced questions about its ability to hold perpetrators accountable. Many states have sought to delegitimize it, casting it as an instrument of foreign interference. The ICC’s track record has been uneven at best, with a mix of high-profile failures and occasional successes....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...
07 Aug Complementarity, Catalysts, Compliance Symposium: A Reply
...of us to the ICC dream was that it was not going to be the sole vanguard of the global fight against impunity. It was going to serve as a ‘big brother’ to national systems, to walk with them to strengthen their capacity and ability to do the same or even more than the ICC. But that dream never materialized and instead Nakandha and Kambale imagine a series of tantalizing scenarios: the ICD and ICC jointly pursuing Dominic Ongwen’s trial, or the ICC and the DRC’s military courts handling Germain...
11 Oct The Use of AI at the ICC: Should we Have Concerns? Part I
use of AI tools in most other sectors it appears that the OTP has embraced an inevitable step if the ICC is to keep pace with modern work practices, maximize efficiencies and meet the expectations of the Assembly of States Parties that the ICC take all measures within its power to do so. However, there are two important points to highlight about the development of AI which may have implications for the use of AI generated evidence, or evidence analyzed by AI at the ICC. The first is that AI...