Search: palestine icc
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...05 Jul Can the ICC Prosecute Those Responsible for Darfur?
17 may be a foregone conclusion: if Sudan's court system was 'willing and able' to prosecute, it would be very difficult to see where the 'threat to the peace' (Article 39 of the UN Charter) could be. Accordingly, the action by the Security practically certifies that the ICC is competent under Article 17. Nicki also considers whether the Security Council has even given the ICC exclsive jurisdiction, turning it into some kind of ICTY/ICTR pro tempore. He finds little support for this. I hope I have fairly described his views,...
22 Apr ICC Sanctions Symposium: Between the Institutional and the Intellectual: The ICC-US ‘Sanctions’ Communications and the Irony of Critique
[Rashmi Dharia is a doctoral candidate at Sciences Po Law School, Paris.] As of 2nd April 2021, the Biden administration rescinded the sanctions that had been imposed by Executive Order 13928 of 11th June 2020 and its follow-up on 2nd September 2020 on ICC Prosecutor Fatou Bensouda and the Head of the Jurisdiction, Complementarity and Co-operation Division Mr Phakiso Mochochoko. The US-ICC relationship looks all set to ‘go back’ from manifest and active hostility to garden variety tropes of ‘constructive engagement’ – a story that, despite its baggage, can be...
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...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...
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...