Search: palestine icc
17 Jul The Pre-Trial Chamber’s Dangerous Comoros Review Decision
...are no procedures in place that require its judicial organs to advise the Prosecutor when one of the ICC's member states refers to an alleged violation of the Rome Statute in a formal written submission, as Jordan did in 2003. The situation in Palestine wasn't dragged-in over the transom, it walked right in the front door of the ICC in 2009 when the government of Palestine accepted the Court's jurisdiction. It isn't the fault of Comoros or anyone else that the Prosecutors failed to properly address the situation. At the...
09 Aug Symposium on Unbroken Bond: Tracing the Ties Between African and Palestinian Anti-Colonial Struggles – When Nelson Mandela was (Considered) a Terrorist and the “Natural Alliance” between South Africa and Palestine
argued that while Zionists insist on Israel’s historic right to Palestine, it is in fact only Europe’s imperial power that made Israel’s creation possible. Starting with the Balfour Declaration in 1917, the British promoted the settlement of European Jews in Palestine similar to the encouragement provided by European colonial states for the migration of settlers to Africa. In this scenario, South Africa followed a tortuous route to independence for its Black majority. South African political conditions resembled those in occupied Palestine today and required outside intervention to realise the political...
15 Nov Ten Recommendations to Prosecutor Karim Khan to Improve his Relationship with Civil Society during Preliminary Examinations: Perspectives from the Situation Countries
While the OTP operates under the strict confidentiality terms reflected in the Rome Statute, there is little to no information available on the ICC website describing the OTP’s confidentiality policy. This has left many civil society groups with the fear that their information may be shared with governments, particularly in countries hostile to the ICC, where even the most basic information is sensitive—for instance in Myanmar, Palestine/Israel, or Venezuela. As a result, some civil society groups have decided against transmitting valuable information to the ICC. Recommendation 4: The OTP should...
04 Jan Implications for the ICC on the Resumption of Israeli-Palestinian Cooperation and the Relevance of the Oslo Accords in Current ICC Litigation
[Dov Jacobs, Joshua Kern and Daniel Reisner appear as amici curiae on behalf of the IJL in the ongoing proceedings before Pre-Trial Chamber I of the ICC in the Situation in Palestine. The IJL Brief before PTC I is available here. The Pre-Trial Chamber’s decision remains sub iudice.] On 19 November 2020, it was reported that the Palestinian Authority will resume civil and security cooperation with Israel. Hussein al-Sheikh, a member of the Fatah Central Committee, wrote on Twitter “that the bilateral agreements signed [with Israel], which are based on...
30 Jun The Early Stages of ICC Proceedings: Why the Court Must Ensure Access to Justice for Victims and Suspects (Part II: The Other Party to ICC Proceedings: The Case for Establishing a Clear Framework on Defence Rights in the Early Stages)
[ Megan Hirst is ICC victims’ representative in the Bangladesh/Myanmar and Afghanistan situations. Marie O’Leary is acting Principal Counsel for the ICC Office of Public Counsel for the Defence (OPCD). The views in this post are those of the author alone and do not reflect the views of the ICC. Valeria Babără is Legal Adviser at Women’s Initiatives for Gender Justice, and Danya Chaikel is FIDH Representative to the ICC.] As examined in Part I, the ICC lacks procedural safeguards to ensure victims’ interests are protected and heard during the...18 Oct More on Amnesty and the ICC Arrest Warrants
U.N. Secretary-General Kofi Annan has praised the issuance of the ICC arrest warrants for top Ugandan LRA rebels. He noted that “the ICC only intends to prosecute those LRA senior leaders who are alleged to bear the greatest responsibility for the most serious crimes. He therefore urges all eligible LRA combatants to take advantage of existing disarmament and reintegration programmes.” This is an interesting take on what the ICC may be doing. The ICC prosecutor’s approach may be one of attempting to drive a wedge between the indicted top LRA...04 Nov A Response to Mark Drumbl
has explored. I am skeptical, however, that the ICC can develop a judicially manageable framework that does justice to the complexity of the considerations that inform these compromises. Because the ICC itself has targeted only a handful of LRA suspects, and thus does not preclude alternative measures for most perpetrators, the specific case for dropping the ICC warrants emphasizes that Kony’s personal participation is necessary to a peace agreement that will both save lives and facilitate the broader accountability scheme. Is the ICC an appropriate venue to evaluate the merits...18 Jun Guest Post: Exploring Legal Rationales for South Africa’s Failure to Arrest al-Bashir
dictators and autocrats the legal grounds on which to anchor their obstruction and resistance to the ICC. In other words, not only is the pursuit of al-Bashir apparently futile, it is counterproductive: it encourages buyer’s remorse among African states, thus making it harder to protect the people the ICC claims to care for; the fear of cutting off what little cooperation exists makes it harder for the ICC to act even-handedly within situations by prosecuting governments (such as Uganda’s) that are implicated in international crimes; and, it communicates to autocratic...01 Mar I Less Bravely Disagree with Julian
seriously negotiated with the rebels, and it has consistently rebuffed the UN’s efforts to send a multinational peacekeeping force to the Sudan. The Sudan is not Uganda, where both the government and the rebels believe that the ICC’s efforts are counterproductive. (I have previously noted my agreement with Julian on the Uganda issue.) The rebel groups in Darfur, by contrast, have applauded the ICC’s involvement — largely because they know that there is no peace process for its involvement to disrupt. So what exactly is lost by allowing the ICC...