Search: palestine icc
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...19 Nov At Long Last: The International Criminal Court Strikes in the Central African Republic
be a paradigmatic case of a state’s inability to prosecute under complementarity, justifying the assertion of ICC jurisdiction. In other words, CAR’s legal inability to handle this case would explain why an international trial of Yekatom is not just convenient for the ICC but also legally necessary. Unfortunately, the ICC is unlikely to go down this route to justify its fully legitimate exercise of jurisdiction. Conclusion The Yekatom case raises many other legal and non-legal questions. Most notably, the arrest warrant suggests that the ICC will have to grapple with...04 Apr Kenya’s Latest Attempt to Invoke Complementarity
investigated (emphasis mine): 32. The ICC case law has not authoritatively determined the meaning of the word “case” in Article 17(1). It is significant that for the purposes of authorising an investigation under Article 15 in respect of the Kenya Situation the Pre-Trial Chamber held that the admissibility of the case before the ICC must be determined by whether (i) the groups of persons that are the likely to be the object of an investigation by the ICC and (ii) the crimes that are likely to be the focus of...10 Dec Moreno-Ocampo Needs a Remedial Criminal Law Course
...of Palestine had concluded with third-party non-member states (e.g. The Arab League and OIC) prior to the date of the Rome Statute's entry into force. I've noted the fact that many of the members of the League and OIC are ICC member states that can be called upon to use those multilateral agreements to assist the Court in obtaining custody of Palestinian suspects from third party states. I've endorsed the conclusions of UN Special Rapporteurs, Fact Finding Missions, and the panels of legal experts assigned to follow-up on the investigations...21 Feb Misrepresenting Al-Haq’s Position on Palestinian Rocket Attacks
...it is a political process. Palestine has been recognised by around a hundred states, but it has not been recognised by the United States or the European states, and is not a full member of the United Nations. Could you briefly explain the main points of the Palestine Declaration to the ICC? The declaration on behalf of the Government of Palestine seeks to transfer jurisdiction over crimes in the Rome Statute - war crimes, crimes against humanity and genocide - on the territory of Palestine to the ICC. The key...
19 Nov A Procedural Win in Palestine’s Quest to Seek Justice for Israel’s Apartheid Regime before the CERD
Notification to the United Nations (‘statement’), whereby it objected to enter into treaty relations with Palestine, on 16 May 2014. On 23 April 2018, Palestine submitted an inter-State communication under Article 11 ICERD against Israel claiming that Israeli practices in the OPT constituted a “system of discriminatory measures” violating Articles 2, 3 and 5 ICERD. Israel primarily argued against CERD’s jurisdiction because its statement to Palestine’s accession to the ICERD entailed an objection to enter into treaty relations with Palestine all together and included ICERD’s enforcement mechanisms, namely inter-State communications....
02 Apr Is Judicial Determination of Territorial Jurisdiction in the Palestine Situation Unprecedented?
on the International Criminal Court’s (ICC or the Court) territorial jurisdiction over the Occupied Palestinian Territory (OPT). The ruling unanimously found that “Palestine is a State Party to the Statute”. Moreover, it found by majority, Judge Kovács dissenting, that Palestine qualifies as “[t]he State on the territory of which the conduct in question occurred” for the purposes of Article 12(2)(a) of the Statute, and that the ICC’s territorial jurisdiction in the Situation in Palestine extends to the territories occupied by Israel since 1967 (see PTC Decision, p. 60). It is...
05 Apr The ICJ’s Findings on Plausible Genocide in Gaza and its Implications for the International Criminal Court
...ICJ’s finding may have a bearing on the use of vetoes in the Security Council (SC), none have yet explored what that finding could mean for the elephant in the room, the International Criminal Court (ICC). Before initiating proceedings against Israel at the ICJ on 29 December 2023, South Africa had, along with Bangladesh, Bolivia, Comoros, and Djibouti, referred the situation in the State of Palestine to the International Criminal Court (ICC) on 17 November 2023. Legally, this was unnecessary given that Palestine itself had already activated the ICC’s jurisdiction...