Search: palestine icc
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,...
30 May Gender-based Persecution against Men: the ICC’s Abd-al-Rahman Case
in 2004, the UN Commission of Inquiry found over one million people who had been internally displaced by the fighting, a further 200,000 who had fled across the border to Chad, and several hundred destroyed and burned villages throughout Darfur. In 2005, the UN Security Council referred the situation in Sudan to the ICC. Thus began the ICC’s toxic relationship with Sudan, which until recently refused entry to ICC investigators, despite being legally obligated to cooperate with the Court in accordance with the Security Council resolution. Moreno Ocampo initiated cases...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...
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...
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...
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...
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...