Search: palestine icc
07 Feb ICC and Palestine Symposium: ‘Imprisoning’ Self-Determination–The Israeli Military Law Enforcement System in the West Bank and Its Relevance for the ICC
[ Luigi Daniele is Lecturer in Law at Nottingham Trent University, where he leads the undergraduate and postgraduate modules in International Humanitarian Law.] For more than a decade international lawyers have been debating Israel’s claim against the jurisdiction of the International Criminal Court (ICC) over the situation in Palestine, notoriously based on the argument that no Palestine State exists since ‘the Palestinian Authority lacks effective control over the territory concerned’. The Office of the Prosecutor (OTP), in its recent request pursuant to article 19(3) (‘request’), argues, in line with the...06 May Michael Kearney on the Palestinian Declaration
of international law. Rather than follow the political question – that of whether Palestine is an actual state on a par with states such as Switzerland or Syria – Al-Haq has rooted its consideration of the matter strictly in international law. Al-Haq’s paper considers whether the PA exercises jurisdiction over the crimes set forth in the Rome Statute of the ICC, and whether the meaning of ‘state’ for the purposes of the Rome Statute can properly be interpreted to include an entity such as Palestine. Davenport’s paper stresses that the...
30 Sep Symposium on Phil Clark’s ‘Distant Justice’
kicks off the symposium by situating his research within evolving debates about the ICC’s performance over the last fifteen years. In his post, Owiso Owiso assesses Clark’s handling of the political implications of the ICC’s investigations in Africa. In questioning whether Distant Justice has overstated the ICC’s role in regulating the behavior of state actors, Owiso calls for greater humility in how observers evaluate the ICC’s performance. Kamari Maxine Clarke then queries whether Distant Justice prematurely dismisses the relevance of neo-colonialism as an analytical framework. Drawing out several unexplored themes,...
12 Jun No Two Cases are the Same
the ICC indicted Putin, the USG did not object to the ICC’s jurisdiction over a non-state party as it had done in the Darfur situation. The USG hasn’t been vocal about their ability to cooperate with the ICC becauseit is not a party. Instead, President Joe Biden said Vladimir Putin had committed war crimes in Ukraine, and the lCC’s issue of an arrest warrant for the Russian President was justified. The Russian Federation, part of the UNSC, dismissed the warrants. The Kremlin said the Court’s charges against Putin were outrageous...24 Jan A Response to Kevin Jon Heller by Carsten Stahn
...transitional justice scenarios. 2. Is a change of methodology desirable? Given the existing status quo, it is questionable whether there is a need to introduce a new ‘heuristic’. (i) Relevance of a ‘sentencing heuristic’ Due to the large number of crimes committed under ICC jurisdiction, conflicts over the prioritization of ‘ordinary’ v. ‘international crime’ prosecution are a relatively rare exception. In many existing ICC situations, states have entrusted the Court with the mandate to investigate and prosecute. In these circumstances, it would be largely unfeasible to force the ICC to...
21 Aug States of Justice Symposium: A Response
...argument to be that there is demand for an ICC intervention and however flawed the mechanism, “providing victims… with a platform; bringing perpetrators … to account; and providing reparations for victims” also counts as “justice.” Admittedly. But even on that front, the ICC doesn’t have much to show for. I’m grateful for Nestor Nkurunziza’s remark that my arguments depart from much of the scholarship regarding the ICC in Africa in that the book “emphasizes the prominent role/agency of those African states that have engaged with the ICC.” The ways in...
09 May Why Does the United States Continue to Oppose International Courts?
...conducted in detention centers in Afghanistan from 1 May 2003. A swift response from the United States Department of State dismissed the ICC Prosecutor’s actions as “attacking America’s rule of law”. The U.S. government subsequently launched a series of visa- restriction measures against the ICC staff which intended to protect U.S. sovereignty and insulate its citizens from “unjust investigation and prosecution by the international court.” But, why all this fear and trembling? Is not the United States’ diplomatic community widely misunderstanding and misrepresenting ICC’s powers, its legal mandate, and obligations...
21 Feb Workplace Misconduct at the ICC – A Call to Action for Compassionate Leadership (Part I)
turnover of ICC leadership and the IER Report’s detailed analysis and recommendations, a new era of courageous and empathetic management can be upon us. By challenging systemic indifference and boldly addressing the lack of effective mechanisms within the ICC and ASP, officials can become equipped to assess the high moral character of candidates running for top positions, as well as provide a safer workplace at the ICC for all. Key to this advancement will be compassionate leadership. ‘High Moral Character’ — The #Metoo Rallying Cry for the ICC Prosecutor Election...