Search: palestine icc
26 Apr Book review: The Jurisdiction of the International Criminal Court over Nationals of Non-States Parties, Monique Cormier
such a study is intellectual, practical, and political. As the ICC faces the constant spectre of attacks from states that feel threatened by the ICC, Cormier demonstrates that a firm articulation of the ICC’s jurisdiction and its legal basis is needed with regards to the nationals of NSPs. The Court will also need a clear basis for its jurisdiction, should it attempt to wade into a situation involving the territory of states that are neither States Parties to the Rome Statute nor Members of the United Nations, perhaps by way...
06 Aug Emerging Voices: The Use of the ‘Proxy Argument’ in the Al-Bashir Case–A Riddle for the Law of International Organizations
of international law? In this blogpost I will evaluate an argument that was put forward during the proceedings, according to which member states would act as “agents”, “organs” or “proxies” of the ICC. I will contend that the argument is based on the unclear conceptualization of the ICC as a supranational international organization. I will contest this thesis, but I will also contend that the law of international organizations does not provide a clear answer to this dilemma. The Proxy argument On the 14th of August 2018, the ICC Office...25 May Guest Post: Five Questions on the Colombian Sentencing Practice and the Principle of Complementarity under the Rome Statue
widely accepted at the ICC. There are a number of factors that might support Colombia’s claim for lenient (and, to a lesser extent, suspended) and/or disparate sentences. Firstly, it seems that the ICC prosecution already pointed to broad discretion of the Colombian judiciary in its 2012 report (para. 206), when it confirmed that the ICC would examine local sentences individually on the basis of particular factors, such as, the intent to bring perpetrators to justice, the gravity of the crimes and the efforts to establish the truth. Secondly, the ICC...28 Oct The Re-branding of the International Criminal Court (and Why African States Are Not Falling For It)
...greatest ally – the African continent (all current charges are against individuals from the African continent), there was some salesmanship to be done for the ICC. In light of its focus on Africa, there have been long-standing demands to try former US-President George W. Bush and former British Prime Minister Tony Blair in The Hague for war crimes. Then there is the fact that observers of the ICC’s practices are becoming tired of the constant reference to the Court’s youth; with well over a decade of activity, the ICC is...
03 Aug Complementarity, Catalysts, Compliance Symposium: The Spectrum of Ideologies in International Criminal Justice–From Legalism to Policy
of the legalist ideology that has been guiding the ICC judges, and to some extent, the OTP. What is not considered, however, is the question of why the ICC judges have adhered to this legalistic interpretation of complementarity. I argue that the judges’ insistence on the separation of law from politics when it comes to complementarity is in fact part of a broader normative reorientation at the ICC towards a stricter understanding of legalism, often explicitly in opposition to previous tribunals. Thus, what we see in the contest between NGOs...
06 Aug Complementarity, Catalysts, Compliance Symposium: Why Catalysis is the Wrong Metaphor
...of complementarity has changed, in turn, what the ICC itself seeks to accomplish as it tries “to accommodate this more expansive understanding of complementarity” (14). In other words, it is not only that the ICC spurs civil society into action in pursuit of pre-established accountability goals; it is also that civil society reshapes what goals the ICC seeks, and in so doing reshapes the ICC itself. These complex multi-directional interactions are richly described in De Vos’ case studies. However, the framing apparatus obscures them. The metaphor of catalysis is...