Search: palestine 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...
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...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...