Search: palestine icc
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...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...
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...
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 Jun Symposium on Advancing Effective and Comprehensive Reparation for Victims of the War in Ukraine: No Uncharted Territory – The ICC’s and TFV’s Role in the Ecosystem of Justice for Victims in Ukraine
Ukraine thanks to the contributions from the Kingdom of Spain and the Kingdom of Sweden. Drawing on the practice of the ICC and on the TFV’s experience across multiple situations, this contribution reflects on the three elements that experience suggests are essential to meaningful reparative engagement. Drawing on the practice of the ICC and on the TFV’s experience across multiple situations, this contribution reflects on the three elements that experience suggests are essential to meaningful reparative engagement. Justice and reparations at the ICC Reparative justice, as a cornerstone of the...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...