Search: palestine icc

Indeed, compliance with the request to surrender Gaddafi is what the SC is confirming. Interestingly on the same day as resolution 2213 was adopted the SC also adopted resolution 2214 which concerns terrorist acts committed in Libya by groups that proclaim allegiance to the Islamic State. Apparently, the SC considered that a reference to the ICC did not deserve to be included in this resolution. Instead it opted to refer to the ICC in the resolution, which relates to UNSMIL and sanction bodies that were established under Res. 1970. ......

The ICC has always had a legitimacy problem in Uganda. In particular, as Mark Kersten ably explained earlier this year, the Court is widely viewed by Ugandans as partial to Museveni, despite the fact that the OTP is supposedly investigating both the government and the LRA: From the outset, the ICC showcased a bias towards the Government of Yoweri Museveni. In 2004 and following months of negotiations, then ICC Chief Prosecutor Luis Moreno-Ocampo infamously held a joint press conference with Museveni to announce that Kampala had referred the LRA to...

...even if it fulfills the objective conditions to be seen as such. That's incorrect. Many people used to say the same thing about the PLO Executive Committee, but its application for UN membership was based upon the November 1988 PNC UDI 11/15/1988 UN Doc A/43/827-S/20278 "Declaration of State of Palestine" issued by the Palestine National Council and its role as the "Provisional Government of the State of Palestine" announced the same day in UN Doc A/43/928 Palestine question/PNC Declaration on provisional Government - Letter from Palestine. In 2009, JCPA Fellow...

...Coast, Laurent Gbagbo, sheds further light on some of the shortcomings of the ICC. In January of this year, the ICC acquitted Gbagbo of all charges. It was the first time a former Head of State had ever gone to trial before the ICC. The case against Kenya’s President Uhuru Kenyatta was stymied by Kenya’s unwillingness to cooperate with the Court. Gbagbo was also the second highest profile acquittal, after Bemba, in the Court’s history. There are many signs that the struggling Court’s impact has fallen short of expectations. But...

...of Jordan and Palestine, together with the fact that the future relationship between the States of Jordan and Palestine will be established on the basis of a confederacy and of free and voluntary choice by the two fraternal peoples, in corroboration of the historical ties and vital common interests which link them”. After Jordan recognised the Palestinian state proclaimed in 1988, the PLO office in Amman became the Embassy of Palestine to Jordan. Palestine has since opened embassies with many states. It must be emphasised that Palestine was not formed...

Israel-Palestine. I admit, until now, I have been reluctant to fully disassociate from what I believe(d) is TJ’s potential, being convinced that, in certain contexts, it remains a fruitful and worthwhile endeavour. I have seen and experienced first-hand how a limited application of TJ has been helpful in facilitating difficult and painful conversations around reconciliation in the context of the north of Ireland, particularly when such conversations are grassroots, and community driven. However, in the case of Palestine, where there has been a steady, albeit incremental increase in scholarly and...

of the Palestinian suffering. Most importantly, such statements failed to condemn Israel’s abuses in EJ and GS; let alone, to recognise or mention Israel’s apartheid, that elephant in the room! The ICC Prosecutor’s Reluctance Regarding the Situation in Palestine: In its request to the Pre-Trial Chamber (PTC) on the territorial jurisdiction in Palestine, the Office of the Prosecutor (OTP) noted that “[t]here is a reasonable basis to believe that war crimes have been or are being committed in [OPT]” and that it has already “identified potential cases arising from the...

[ 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...

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...

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...

...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...

...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...