Search: palestine icc
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...
15 Mar Why Creating a Special Tribunal for Aggression Against Ukraine is the Best Available Option: A Reply to Kevin Jon Heller and Other Critics
ICC Lacks Jurisdiction – and There’s No Easy Fix to Remedy This It was exceedingly difficult for International Criminal Court (ICC) States Parties to reach agreement on the definition of the crime of aggression. Ultimately, however, the real fight was over the scope of the ICC’s jurisdiction over the crime. The result is a unique regime that governs the ICC’s jurisdiction over the crime of aggression, which gives the Court jurisdiction in a narrower range of situations compared to other Rome Statute crimes – an outcome insisted upon by the...
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...