Search: palestine icc
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...
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,...
19 Aug States of Justice Symposium: What If We Took the ‘Unwilling or Unable’ Seriously?
...states and the ICC. ‘To every lord, every honour’! Professor Ba is in an excellent position to answer that question. Identifying the main point of contention In analysing the relationship between the ICC and states that are not major powers in the international system, particularly states that have engaged with the Court over the past two decades, Ba’s book demonstrates that states and the ICC are in a continuing struggle for power and influence. The most striking terrain of conflicting interests is that of complementarity, in particular the manipulation and...
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...15 Apr More on What’s Wrong with the ICC’s Decision on Afghanistan
among fans of international justice. Second: that the ICC blinked at the exercise of jurisdiction over nationals of a State (the U.S.) that is not party to the Rome Statute which establishes the ICC. That the ICC would claim the right to prosecute Americans was proclaimed an insult to U.S. sovereignty and the rule of law by Secretary of State Pompeo. He’s wrong. The Rome Statute establishes ICC jurisdiction not only over nationals of States that are party to the Rome Statute, but also persons who commit their ICC crimes...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...15 Jun Guest Post: Revoking Citizenship of Foreign Fighters: Implications for the Jurisdiction of the International Criminal Court
of citizenship is contrary to international law if it renders any individual stateless. It is possible nonetheless, as shown, for example, by Burma/Myanmar’s treatment of Rohingya people. The idea is less controversial when applied to those with multiple nationalities who would retain at least one. Regardless, revocation of citizenship in any case would be a complicating factor for ICC jurisdiction. Art 25(1) of the Rome Statute gives the ICC jurisdiction over natural persons only. Art 12 sets out the preconditions for the ICC’s exercise of jurisdiction in relation to the...