Search: palestine icc
30 Sep Symposium on Phil Clark’s ‘Distant Justice’
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,...29 May Thoughts on Scott Turow’s ICC Novel, TESTIMONY
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]...
10 Aug The Process of Electing the Next ICC Prosecutor Should be Opened Up
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...02 Oct Handcuffed by Statehood: Justice and Palestine
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...08 Jun ICC Struggles with the Uganda Case
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...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,...
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...
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...