Search: palestine icc
30 Jun The Early Stages of ICC Proceedings: Why the Court Must Ensure Access to Justice for Victims and Suspects (Part I: Victims and ICC Investigations: Rhetoric v. Reality)
[ Megan Hirst is ICC victims’ representative in the Bangladesh/Myanmar and Afghanistan situations. Marie O’Leary is acting Principal Counsel for the ICC Office of Public Counsel for the Defence (OPCD). The views in this post are those of the author alone and do not reflect the views of the ICC. Valeria Babără is Legal Adviser at Women’s Initiatives for Gender Justice. Danya Chaikel is the International Federation for Human Rights (FIDH) Representative to the ICC.] Last year, litigation in the Palestine Situation put a spotlight on the International Criminal Court’s...
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...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...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...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...
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...
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....
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...