Search: palestine icc
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...
11 Feb The Prospects of Prosecuting Rohingya Deportation before the International Crimes Tribunal, Bangladesh (ICT-BD)
ICC hearing within proximity to the victims or arguably in Cox’s Bazar, Bangladesh. Surprisingly, the prospect of prosecution of these crimes before the Bangladeshi judicial forums failed to attract any serious attention to the date. According to the ICC Pre-Trial Chamber’s authorisation decision, the ICC is exercising its territorial jurisdiction over this situation only due to the fact that a part of conduct was arguably committed on the territory of Bangladesh, a State Party to the Rome Statute. As the ICC is mobilizing with its mandate of investigation and prosecution...
11 Feb Revisiting Omission Liability at the ICC in the Wake of Evolving Weapons Technology
...the technological boundaries even further where Artificial Intelligence in the area of weapons systems become a practicable reality. Kai Ambos, in his Treatise on International Criminal Law, specified that the Rome Statute [hereinafter, ‘ICCSt.’] does not make a reference to general omission liability because a consensus could not be reached by delegates during the deliberations over content of the ICCSt. Therefore, omission liability in the ICCSt. stays restricted to Art. 28 and some genuine crimes of omission (eg. starvation under Art. 8(2)(b)(xxv), ICCSt.). As a result, only in specific cases,...18 Jul Activation of the International Criminal Court’s Jurisdiction Over the Crime of Aggression & Challenges Ahead
thereby increase ICC jurisdiction under article 15bis, which, in turn, could also increase deterrence. The author stresses the importance of deterrence because activation of the 4th crime is not designed to generate ICC cases; in a perfect world, there will be no ICC crime of aggression cases to prosecute because deterrence has worked. Thus, while the decades of drafting work and negotiations are now finished, there is much remaining work to be accomplished regarding the ICC’s 4th crime. The path forward—resuming the long-dormant legacy of the Nuremberg Tribunal—is just beginning....29 May Thoughts on Scott Turow’s ICC Novel, TESTIMONY
pursuing an investigation. [7] The ICC’s judges select the President of the Court, not the Court’s member states. [8] Not all NATO states have joined the ICC. (Turkey has not.) [9] The ICC could not sue the US at the ICJ to force it to disclose records. The ICC is not a state and the US does not accept the ICJ’s compulsory jurisdiction. [10] There is no legal reason why the ICC could not use documents the US produced in (ostensible) violation of the American Service-Members Protection Act (ASPA). [11]...
10 Apr Symposium on Dominic Ongwen Case: Centring Survivors in ICC Reparation Processes – The Case of Dominic Ongwen
to the issue of complementarity between international and domestic reparation processes, finding that other reparation efforts are outside the scope of ICC proceedings (para. 52). As advocated by REDRESS and other organisations, positive complementarity to actively consider how ICC reparation orders could potentially be replicated or complemented by national efforts would foster a harmonious co-existence of the different existing processes. While the Chamber did not adopt a principle on positive complementarity, it at least recognised that ICC orders are not isolated from the broader context of reparation for victims of...
24 Jun Civil Society Calls for the Reform of the ICC’s Jurisdiction over the Crime of Aggression: Towards the July 2025 Review of the Kampala Amendments
example here and here). Moreover, the CSO Africa Legal Aid held a first retreat of 28 African ICC states parties in October 2024 to discuss a “crime of aggression regime that is both fair and legitimate”. A follow-up retreat took place in May 2025 “to solidify Africa’s stance on a crime of aggression regime devoid of inequity and double standards”. During the Assembly of States Parties both in 2023 and 2024, states affirmed their intention to undertake the review upcoming in July by consensus (ICC-ASP/22/Res.3(157); ICC-ASP/23/Res.1(161)). Since then, the ICC’s...