Search: palestine icc
26 Jul Does Obama Support the ICC? (And What is Samantha Power Thinking?)
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...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,...
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...
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...
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...
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...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...
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...