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03 Apr State Department Briefing on the ICC and Darfur; Some Thoughts on ICC Jurisdiction
Following is an excerpt from the State Department press briefing from April 1st in which Richard Boucher discussed Security Council Resolution 1593 (transcribed, along with state comments, here), referring the Darfur situation to the ICC (see also the press release from the ICC itself, with links to other resources, here). Some of the questions focus on whether the Security Council referral is a novel basis for jurisdiction (see, especially the part I highlighted). While the Q&A on this was a bit muddled, I think the short answer is that such...
20 Aug States of Justice Symposium: International Justice as Political Strategy
the ICC to also pursue cases of impunity elsewhere, while engaging in serious dialogue with the AU and African countries in order to review their relationship. The concern about the ICC evolved to outright disdain by 2015 when South Africa failed to arrest then Sudanese President Omar al-Bashir when he attended an African Union summit in Johannesburg. Both domestic courts and the Pre-Trial Chamber I of the ICC ruled that South Africa violated its responsibilities by not arresting Bashir. Significantly the domestic courts based their judgements on the domestication of...
13 Aug Why the Executive Order on the ICC is Unconstitutional and Self-Defeating
and even sanctioning airlines or other carriers for transporting goods and persons benefiting the ICC. The potential sanctions could reach as far as donations to the ICC from individuals, or penalizing lawyers filing briefs in matters before the ICC. This affects individuals and entities from any of the 123 States Parties to the Rome Statute, and would affect their transactions with even tangential connections to the United States—such as their ability to transfer funds to a bank with branches in the US. This aspect of the EO is intended to,...05 Aug Three Thoughts on the OTP’s Rejection of Jurisdiction over the Situation in Palestine
The ICC Office of the Prosecutor has just released the following statement: Palestine is not a State Party to the Rome Statute, the founding treaty of the ICC; neither has the Court received any official document from Palestine indicating acceptance of ICC jurisdiction or requesting the Prosecutor to open an investigation into any alleged crimes following the November 2012 United Nations General Assembly Resolution (67/19), which accorded non-member observer State status to Palestine. The ICC has no jurisdiction over alleged crimes committed on the territory of Palestine. I have three...22 Sep Poor ICC Outreach — Uganda Edition
The ICC has always had a legitimacy problem in Uganda. In particular, as Mark Kersten ably explained earlier this year, the Court is widely viewed by Ugandans as partial to Museveni, despite the fact that the OTP is supposedly investigating both the government and the LRA: From the outset, the ICC showcased a bias towards the Government of Yoweri Museveni. In 2004 and following months of negotiations, then ICC Chief Prosecutor Luis Moreno-Ocampo infamously held a joint press conference with Museveni to announce that Kampala had referred the LRA to...13 Jan Making Libya an ICC Priority Situation: Fake Promises to a Difficult Customer?
Indeed, compliance with the request to surrender Gaddafi is what the SC is confirming. Interestingly on the same day as resolution 2213 was adopted the SC also adopted resolution 2214 which concerns terrorist acts committed in Libya by groups that proclaim allegiance to the Islamic State. Apparently, the SC considered that a reference to the ICC did not deserve to be included in this resolution. Instead it opted to refer to the ICC in the resolution, which relates to UNSMIL and sanction bodies that were established under Res. 1970. ......11 May Guest Post: Iran’s Relief Ship and the Blockade of Yemen
...even if it fulfills the objective conditions to be seen as such. That's incorrect. Many people used to say the same thing about the PLO Executive Committee, but its application for UN membership was based upon the November 1988 PNC UDI 11/15/1988 UN Doc A/43/827-S/20278 "Declaration of State of Palestine" issued by the Palestine National Council and its role as the "Provisional Government of the State of Palestine" announced the same day in UN Doc A/43/928 Palestine question/PNC Declaration on provisional Government - Letter from Palestine. In 2009, JCPA Fellow...
28 Mar The Latest Crisis of the ICC: The Acquittal of Laurent Gbagbo
...Coast, Laurent Gbagbo, sheds further light on some of the shortcomings of the ICC. In January of this year, the ICC acquitted Gbagbo of all charges. It was the first time a former Head of State had ever gone to trial before the ICC. The case against Kenya’s President Uhuru Kenyatta was stymied by Kenya’s unwillingness to cooperate with the Court. Gbagbo was also the second highest profile acquittal, after Bemba, in the Court’s history. There are many signs that the struggling Court’s impact has fallen short of expectations. But...
09 Aug Muddying the Waters: A Reply to Kay and Kern on the Statehood of Palestine and the ICC – Part I
...of Jordan and Palestine, together with the fact that the future relationship between the States of Jordan and Palestine will be established on the basis of a confederacy and of free and voluntary choice by the two fraternal peoples, in corroboration of the historical ties and vital common interests which link them”. After Jordan recognised the Palestinian state proclaimed in 1988, the PLO office in Amman became the Embassy of Palestine to Jordan. Palestine has since opened embassies with many states. It must be emphasised that Palestine was not formed...