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