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30 Sep

kicks off the symposium by situating his research within evolving debates about the ICC’s performance over the last fifteen years. In his post, Owiso Owiso assesses Clark’s handling of the political implications of the ICC’s investigations in Africa. In questioning whether Distant Justice has overstated the ICC’s role in regulating the behavior of state actors, Owiso calls for greater humility in how observers evaluate the ICC’s performance. Kamari Maxine Clarke then queries whether Distant Justice prematurely dismisses the relevance of neo-colonialism as an analytical framework. Drawing out several unexplored themes,...
30.09.19 | |

10 Aug

of its problems and how to solve them. No doubt, the candidates are qualified and thoughtful lawyers, although some of them have limited, if any, relevant international experience. But the main problem with the shortlist may not relate to the qualifications and experience of the candidates. Rather, three of the four cannot be elected without violating either the custom of regional rotation (Mr. Morris A. Anyah and Mrs. Susan Okalany are both African as is the current ICC Prosecutor) or ICC Statute Article 42(2) which provides that the Prosecutor and...
10.08.20 | |

24 Jun

example here and here). Moreover, the CSO Africa Legal Aid held a first retreat of 28 African ICC states parties in October 2024 to discuss a “crime of aggression regime that is both fair and legitimate”. A follow-up retreat took place in May 2025 “to solidify Africa’s stance on a crime of aggression regime devoid of inequity and double standards”. During the Assembly of States Parties both in 2023 and 2024, states affirmed their intention to undertake the review upcoming in July by consensus (ICC-ASP/22/Res.3(157); ICC-ASP/23/Res.1(161)). Since then, the ICC’s...
24.06.25 | |

18 Jul

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....
18.07.18 | |

11 Feb

...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,...
11.02.21 | |

11 Feb

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...
11.02.21 | |

29 May

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]...
29.05.17 | |

10 Apr

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...
10.04.24 | and |

02 Oct

Observers have watched with keen interest as Mahmoud Abbas took the politically risky, some say courageous, move to seek UN recognition of Palestine as a state. At the very center of Abbas’ polarizing decision is the International Criminal Court and the possibility of opening an investigation into alleged crimes in Palestine. To think that the ICC would be so integral a player in the challenge of peace in the Middle East would have been unimaginable just a few short years ago. Just as remarkable is the demonstrated centrality of statehood...
02.10.11 | |

08 Jun

near silence from the ICC, rumors shot through Ugandan villages and refugee camps. Some expected the ICC to mount a military campaign with its own forces. Others worried that the court would take action against thousands of youths who had been forced to take part in atrocities, according to ICC investigators and Ugandan observers. The court’s secretive operations cost it support, says Claudia Perdomo, a Colombian who heads the ICC public-information office. “What we have heard from Ugandans is: ‘We need you to explain what the court is about. You...
08.06.06 | |

26 Jul

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...
26.07.08 | |

06 Jan

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....
06.01.14 | |