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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...
21 Jul Can Peace Negotiations Justify Non-Execution of ICC Arrest Warrants? The ICC’s Interpretation of Article 97 of the Rome Statute
law. Reconciling ICC Cooperation with UN Peace Processes The decision’s most significant contribution lies in its treatment of the relationship between ICC arrest obligations and international peace processes. This is where the Chamber genuinely breaks new ground. The Chamber begins by reaffirming an important point: under the Rome Statute, there is only one mechanism capable of suspending an investigation, prosecution, or – by implication – the execution of an arrest request. That mechanism is Article 16, which requires a resolution of the UN Security Council acting under Chapter VII of...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...03 Apr State Department Briefing on the ICC and Darfur; Some Thoughts on ICC Jurisdiction
Following is an excerpt from the State Department press briefing from April 1st in which Richard Boucher discussed Security Council Resolution 1593 (transcribed, along with state comments, here), referring the Darfur situation to the ICC (see also the press release from the ICC itself, with links to other resources, here). Some of the questions focus on whether the Security Council referral is a novel basis for jurisdiction (see, especially the part I highlighted). While the Q&A on this was a bit muddled, I think the short answer is that such...
13 Aug Why the Executive Order on the ICC is Unconstitutional and Self-Defeating
and even sanctioning airlines or other carriers for transporting goods and persons benefiting the ICC. The potential sanctions could reach as far as donations to the ICC from individuals, or penalizing lawyers filing briefs in matters before the ICC. This affects individuals and entities from any of the 123 States Parties to the Rome Statute, and would affect their transactions with even tangential connections to the United States—such as their ability to transfer funds to a bank with branches in the US. This aspect of the EO is intended to,...
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...