Search: palestine icc
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...12 Feb Peace in the ICC Wars? Let’s Just Call It a Truce
or less correct. I would add that the utter lack of enthusiasm in the Obama Administration for joining the ICC has made the right feel much better as well. Even the most influential US NGOs have toned down their ICC campaigns. I will also say that (as Ken notes in the article), Israel is a red line for the American right and the ICC will be back in the penalty box if the ICC opens an investigation into Palestine. And that is not exactly out of the realm of possibility....12 Sep Method to the Madness? John Bolton and US Objections to ICC Jurisdiction
...By doing so the ICC allies itself with enemies of the non-state party and, if it makes any threat to their soldiers, conducts an Act of War against the non-state party! The non-state party whose soldiers are threatened would be perfectly justified in declaring war against the ICC and using lethal force against all persons assisting it. Seeing as the states with most powerful militaries on earth (US, Russia, China and Israel) are not parties to the ICC Treaty, the ICC is going down a very dangerous and foolish path!...10 Sep John Bolton, Unplugged – and Unhinged — About the ICC
Robert W. Ash Response...Quite apart from what one may think of Mr. Bolton, does he not have a point? The ICC is a court of limited, not plenary, jurisdiction. It derives both its existence and authority from the consent of the States Parties to the Rome Statute, none of which—individually or collectively—may legitimately authorize the ICC to impose its will on non-party states or their nationals or acquiesce in the ICC’s doing so. It is a foundational principle of customary international law that a State that has not become a...
13 Oct Time for an African to Take on The Role of ICC Registrar
...position. The implementation of that diversity should begin with the election of an African as the next Registrar of the ICC. The reasons for this are compelling. In June 2022, the ICC Presidency made public a shortlist of 12 candidates under consideration for the position of ICC Registrar. The candidates are all nationals of ICC member states with the breakdown by regional grouping as follows: Africa (4), Asia-Pacific (1), Latin American and Caribbean States-GRULAC (3) and Western European and Other States-WEOG (4). This announcement for a critical role in the...
27 Jan The Long – Yet Still Uneven – Arc of International Justice
...countries referred the situation in Ukraine to the court’s prosecutor, Karim Khan, to open an investigation. These governments have been vocal in their support for the investigation from the start. Yet a year earlier, when the previous ICC prosecutor, Fatou Bensouda, opened a Palestine investigation, there was deafening silence from ICC member countries, and at least two openly opposed the investigation. This was despite the grave nature of the many violations and the pervasive climate of impunity that made the ICC’s scrutiny of the situation necessary. The United States has...
13 Apr ICC Prosecutor Symposium: The Appointment of the Next ICC Prosecutor Is Not a Forum for Career Transition
[Kate Vigneswaran is a Senior Legal Advisor with the International Commission of Jurists. She previously worked in the Immediate Office of the Prosecutor and OTP Appeals Division at the International Criminal Tribunal for the Former Yugoslavia. Melinda Taylor is currently acting as Lead Counsel for the Defence of Al Hassan Ag Abdoul Aziz Ag Mohamed Ag Mahmoud before the ICC, and has been engaged in Defence cases before the ICC since April 2006, including as Counsel in the Office of Public Counsel for the Defence. This post was written together to underscore...