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10 Apr

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...
10.04.24 | and |

24 Jun

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...
24.06.25 | |

06 Dec

...by subordinates employing AI-driven targeting technologies. A Key Opportunity for the ICC to Engage with AI in warfare Although it remains speculative until charges are made public and (potentially) further attacks are charged, the arrests warrant for Netanyahu and Gallant could provide an opportunity for the ICC to engage with modern warfare. Whether and how the ICC will choose to grapple technological features of AI targeting systems is an open question. Will they engage with relevant technological aspects? How will the ICC acquire the necessary expertise to understand these? This...
06.12.24 | |

30 Sep

kicks off the symposium by situating his research within evolving debates about the ICC’s performance over the last fifteen years. In his post, Owiso Owiso assesses Clark’s handling of the political implications of the ICC’s investigations in Africa. In questioning whether Distant Justice has overstated the ICC’s role in regulating the behavior of state actors, Owiso calls for greater humility in how observers evaluate the ICC’s performance. Kamari Maxine Clarke then queries whether Distant Justice prematurely dismisses the relevance of neo-colonialism as an analytical framework. Drawing out several unexplored themes,...
30.09.19 | |

30 Jun

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...
30.06.20 | |

13 Mar

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...
13.03.08 | |

10 Aug

of its problems and how to solve them. No doubt, the candidates are qualified and thoughtful lawyers, although some of them have limited, if any, relevant international experience. But the main problem with the shortlist may not relate to the qualifications and experience of the candidates. Rather, three of the four cannot be elected without violating either the custom of regional rotation (Mr. Morris A. Anyah and Mrs. Susan Okalany are both African as is the current ICC Prosecutor) or ICC Statute Article 42(2) which provides that the Prosecutor and...
10.08.20 | |

21 Mar

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....
21.03.23 | |

02 Oct

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...
02.10.11 | |

26 Jul

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...
26.07.08 | |

08 Jun

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...
08.06.06 | |

06 Jan

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....
06.01.14 | |