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30 Jun Statement Against US Sanctions on ICC Investigations (Updated)
ICC. Their investigation also addresses alleged war crimes and crimes against humanity by Taliban forces. Sanctioning ICC lawyers is also contrary to our longstanding national commitment to human rights, the rule of law, and accountability for those who commit atrocities. To stand against atrocities, while simultaneously opposing investigations of those who allegedly commit them, strains credibility. If the U.S. wishes to avoid ICC jurisdiction over Americans, our government can invoke its right to investigate alleged war crimes itself. Under the ICC Statute, that would bar ICC jurisdiction. This option remains...
21 Mar The Turkey Tribunal’s Long Shot: Stretching Territorial Jurisdiction and Disregarding Positive Complementarity Options (Part I)
to the ICC System and effectively embrace an almost universal jurisdiction. Despite being sensitive to the victim’s cry for accountability, this was not what the ICC System was designed for. By not becoming a State Party, Turkey remains, however unsatisfactory this might seem to the victims, in some way, out of the ICC’s reach. The ICC treaty-based nature means it is in principle limited to adjudicate matters in relation to state parties. This harsh reality necessarily implies that some grave injustices and international crimes cannot be tried before the ICC....13 Mar Why the ICC Should Not Step Aside — At Least Not Yet
Not surprisingly, I strongly disagree with Julian’s insistence that “the ICC really is now the obstacle to peace” in Uganda. To begin with, we need to give the ICC credit where credit is due: as Mark Leon Goldberg pointed out earlier today at the invaluable UN Dispatch, “[i]t was not until the ICC began its investigation and issued indictments that the LRA began to seek a peace agreement with the Ugandan government in good faith; the ICC indictments provided the critical leverage to get the peace process going.” I think...02 Oct Handcuffed by Statehood: Justice and Palestine
Observers have watched with keen interest as Mahmoud Abbas took the politically risky, some say courageous, move to seek UN recognition of Palestine as a state. At the very center of Abbas’ polarizing decision is the International Criminal Court and the possibility of opening an investigation into alleged crimes in Palestine. To think that the ICC would be so integral a player in the challenge of peace in the Middle East would have been unimaginable just a few short years ago. Just as remarkable is the demonstrated centrality of statehood...08 Jun ICC Struggles with the Uganda Case
near silence from the ICC, rumors shot through Ugandan villages and refugee camps. Some expected the ICC to mount a military campaign with its own forces. Others worried that the court would take action against thousands of youths who had been forced to take part in atrocities, according to ICC investigators and Ugandan observers. The court’s secretive operations cost it support, says Claudia Perdomo, a Colombian who heads the ICC public-information office. “What we have heard from Ugandans is: ‘We need you to explain what the court is about. You...26 Jul Does Obama Support the ICC? (And What is Samantha Power Thinking?)
going to make countries around the world think the ICC is a tool of American hegemony. If Barack Obama ratified the ICC or announced his support for it on day one, two things would happen. One, it would have the chance of discrediting the ICC in the short term, and two, he would so strain his relations with the U.S. military that it would actually be very hard to recover. There’s a whole lot of internal diplomacy, internal conversations about sovereignty and so forth that have to be had before...06 Jan Why the Muslim Brotherhood (Wrongly) Believes the ICC Can Investigate
Gidon Shaviv called it. The Muslim Brotherhood does indeed believe that it can accept the ICC’s jurisdiction on an ad hoc basis because it is still the legitimate government of Egypt: Just how successful the ICC action will be is unclear. Egypt is one of the few countries that have not accepted the ICC’s jurisdiction. However, Mr. Dixon and other members of the legal team said the court can act if it receives a declaration from the government accepting the court’s jurisdiction in a particular case. They argued that Mr....
28 Nov Some Thoughts on Black Earth Rising (No Spoilers!)
Stian Øby Johansen Just to be an even more obsessive pedant: the wing of the Scheveningen prison where ICC detianees are held is actually called the ICC Detention Centre. It is on a separate floor from the UN Detention Unit (ICTY/ICTR/MICT). The ICC Detention Centre is a subsidiary organ of the ICC Registry, which in turn is an organ of the IO that is the ICC. The UN Detention Unit is currently a part of the MICT registry, which in turn is a subsidiary organ of the UN Security Council,...
28 May Affective Justice Symposium: Commentary on Kamari Clarke’s Affective Justice
maintain that international institutions are somehow superior. Instead, my aim is to point out that there is a range of opinion in Africa regarding the ICC and legal accountability for leaders, and it doesn’t always go in the direction that Affective Justice would have us believe. Clarke admits at one point that there are African professionals and lawyers who robustly support the ICC, but she informs the reader that she will describe them “through the figure of the ‘international community’” (p. 55). By recategorizing Africans who endorse the ICC as...29 Aug Is Sudan an Indispensable Party in the Al-Bashir Immunity Appeal? A Monetary Gold Question for the ICC
...between ICJ and ICC proceedings is inapposite, as far as the principle justification for the transposition of Monetary Gold is concerned. The foundation of ICJ jurisdiction is consent. The Statute and the Rules provide the details through which such consent can be given to the Court. The same, however, is not necessarily true as regards ICC jurisdiction in the case of SC referrals. The two-tier ICJ approach to jurisdiction was proposed by the ILC in its draft ICC statute in 1994 but was rejected by the drafters in Rome. It...