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06 Dec Netanyahu and Gallant ICC Arrest Warrants: Tackling Modern Warfare and Criminal Responsibility for AI-enabled War Crimes
...by subordinates employing AI-driven targeting technologies. A Key Opportunity for the ICC to Engage with AI in warfare Although it remains speculative until charges are made public and (potentially) further attacks are charged, the arrests warrant for Netanyahu and Gallant could provide an opportunity for the ICC to engage with modern warfare. Whether and how the ICC will choose to grapple technological features of AI targeting systems is an open question. Will they engage with relevant technological aspects? How will the ICC acquire the necessary expertise to understand these? This...
24 Jun Civil Society Calls for the Reform of the ICC’s Jurisdiction over the Crime of Aggression: Towards the July 2025 Review of the Kampala Amendments
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...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...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...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...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,...
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...
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...
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...