Search: palestine icc
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...
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...
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...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]...
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....
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....