Search: palestine icc
19 Mar The Mirage of Legitimacy: Why Rebel Courts Cannot Trigger the Complementarity Principle
...ICC, through various legal proceedings. Recent rulings by the ICC in cases such as Al-Werfalli and South Ossetia have shed light on the complex legal terrain surrounding these armed groups’ governance structures and rebel courts. This complexity places the ICC in a delicate position as it navigates the governance structures of these groups and the legal proceedings they conduct. The legal questions raised in the Al-Werfalli case revolved around the complementarity principle, indicating that the ICC will inevitably confront issues related to insurgent complementarity. The question is therefore likely to...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...
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...
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...
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...
22 Mar Law, Not War: Why Cuba Should Join the International Criminal Court in an Effort to Avert American Aggression
ICC framing the blockade in a similar fashion to how the blockade of Gaza was framed, specifically as constituting crimes against humanity and potentially war crimes under the Rome Statute. Referring itself to the ICC would force the Court’s Prosecutor to open a preliminary examination into the situation in Cuba. Even if Cuba does not join the ICC, it could still voluntarily request that Court to exercise jurisdiction over its territory, under Article 12(3) of the Statute, something that other states – Ivory Coast and Ukraine – have previously done....