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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...27 Jun Admissibility Challenge in The Prosecutor v. Saif Al-Islam Gaddafi: Take Two
...another court. The Court has used a ‘substantially the same conduct’ test, which means that the domestic authorities and the ICC are prosecuting the ‘same conduct’ where there is substantial overlap between the incidents investigated by the domestic authorities and the ICC or where the investigation by the domestic authorities covers the crux of the ICC’s case or the most serious aspects thereof (Gaddafi, Appeals Chamber, para 72). Gaddafi’s admissibility challenge raises the question of whether the ‘substantially the same conduct’ test also applies to ne bis in idem in...
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...29 Aug Is Sudan an Indispensable Party in the Al-Bashir Immunity Appeal? A Monetary Gold Question for the ICC
...between ICJ and ICC proceedings is inapposite, as far as the principle justification for the transposition of Monetary Gold is concerned. The foundation of ICJ jurisdiction is consent. The Statute and the Rules provide the details through which such consent can be given to the Court. The same, however, is not necessarily true as regards ICC jurisdiction in the case of SC referrals. The two-tier ICJ approach to jurisdiction was proposed by the ILC in its draft ICC statute in 1994 but was rejected by the drafters in Rome. It...