Search: palestine icc
27 Jun Admissibility Challenge in The Prosecutor v. Saif Al-Islam Gaddafi: Take Two
...another court. The Court has used a ‘substantially the same conduct’ test, which means that the domestic authorities and the ICC are prosecuting the ‘same conduct’ where there is substantial overlap between the incidents investigated by the domestic authorities and the ICC or where the investigation by the domestic authorities covers the crux of the ICC’s case or the most serious aspects thereof (Gaddafi, Appeals Chamber, para 72). Gaddafi’s admissibility challenge raises the question of whether the ‘substantially the same conduct’ test also applies to ne bis in idem in...
09 Apr ICC Prosecutor Symposium: The Next ICC Prosecutor Should Resolutely Hold the Most Powerful to Account
...and create the ICC was of a court that could hold even the most powerful people to account. It was a vision of a court that could move beyond the (also essential) role of the ad hoc tribunals acting within an authority dependent on the UN Security Council and big-power politics. It was the prospect of a global court that could tackle entrenched impunity in the face of power and politics that led to the adoption of the ICC treaty in Rome in 1998. The ICC has yet to fully...
29 Sep Constructing a Case against Myanmar: New Developments and a Question on Evidence
though it is unclear whether they are at the hands of the ICC or the Dutch government – see here and here. It is as yet unclear whether ICC OTP officials have had opportunity to question the soldiers. Whither the ICJ and ICC proceedings? With cases in full swing before the ICJ and ICC, it is worth examining the legal implications of this crucial development. It is rare that more than one set of international proceedings concerning the same subject matter are conducted parallel to one another. The scope of...
25 Nov ‘Lock Them Up and Throw Away the Key!’: Another Step in the ICC’s Pathway toward Retributivism
...on punishment at the ICC and its underlying assumptions. A dominant retributive account of punishment tends to justify penal severity as the main avenue for justice, thereby neglecting fundamental questions on the limits and implications of long-term imprisonment. This post is divided in two parts: the first addresses the uncertainties in the ICC sentencing process; the second expands the discussion to consider how commitments to penal severity inhibit fresh thinking about justice for mass atrocities. 2. Uncertainties in the ICC sentencing process The ICC sentencing process is characterised by ambiguity and...
17 Aug States of Justice Symposium: Interrogating States of Justice–The Politics of the International Criminal Court
[ Melissa L. Simms is currently a Legal Officer with the United Nations and formerly with the International Criminal Court. The views expressed in this post are those of the author and do not reflect the views of the United Nations or the ICC.] Oumar Ba, Assistant Professor of Political Science at Morehouse College in Atlanta, United States has certainly stoked interest in his publication just by its provocative title, “States of Justice: The Politics of the International Criminal Court (ICC).” The title itself encapsulates an issue that has bedeviled...
07 Apr A David and Goliath Scenario: Power Dynamics Involved in the Execution of ICC Arrest Warrants
to a “declaration of war.” Beyond these political and military pressures, certain trade dependencies and sanctions may also lead States to take fright at potential economic fallout. A Rock and a Hard Place? These considerations illuminate the lack of adequate tools that the ICC maintains to ensure and promote cooperation among its State Parties. As of now, the ICC has issued 38 arrest warrants for persons allegedly implicated in the commission of grave international crimes. Of these 38, 21 individuals have been arrested and transferred to ICC custody. These numbers...18 Jul Will Mali Be the First Bensouda-Era Investigation?
will have a deterrent effect on the rebels, perhaps. Yet Islamist rebels — in contrast to government officials and military officers — seem unlikely to be deterred by the threat of ICC involvement. But if there is no deterrent effect, there is no reason for the ICC to get involved in the conflict, at least at this point. Doing so will just add to the list of situations in which the ICC is effectively powerless to operate. That’s the last thing the Court needs. Mali can handle prosecutions itself. According...
06 Aug Complementarity, Catalysts, Compliance Symposium: The Complementarity Test: Reflections on Plain Terms, Expectations and ICL Discourse
States in terms of penal repression. It is only in the tenth paragraph that the ICC is even mentioned – as a complement to this existing accountability framework. The Preamble tells us that that the ICC is not set up to displace the system, but to add to it, to supplement it, to complement it. So important is this theme that it appears in the very first substantive provision of the Statute. So we become used to the idea, at the outset, that the primary goal of the Statute is...
23 Oct The Special Criminal Court Must Fill the Justice Gap Left by the ICC in Central African Republic
to perform its responsibilities, and will ultimately delay the course of justice. It is important that both CAR and MINUSCA work actively towards ensuring persons of interest wanted by the Court, and for whom arrest warrants have been issued, are immediately arrested. Need to Strengthen Cooperation with the ICC The OTP’s announcement concluding investigation in CAR reiterated the need for the ICC to deepen cooperation with the SCC. While the SCC and ICC have signed a memorandum of understanding to promote cooperation, in reality it appears that the two courts...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...