Search: palestine icc
27 Apr ICC Watch: An Ugandan NGO Tells the ICC to Butt Out
This interview with a local Ugandan NGO suggests the ICC should back out of its Ugandan investigation (an issue Peggy discussed in more detail here). Here’s a key exchange between a reporter from the East African and David Kaiza: Does the ICC risk escalating the [Ugandan] war? The LRA [the Ugandan rebel forces -ed.] are not the kind of people who will take threats lightly. They invariably take revenge on civilians. The impact of the ICC has been to heighten the violence. The problem with the ICC is that it...04 May Article 98 Agreements — Japan and Montenegro
...require Japan to refuse to turn the soldier over to the ICC despite its jurisdiction over him, thereby preventing the prosecution from going forward. Daniel Graeber Kevin, They way I understood the ICC to work was under the principle of complimentarity; meaning that the ICC holds jurisidiction if a country asks it to or is lacking a judicial system. I thought one of the reason for US opposition to the ICC was its use of the courts martial. If US citizen committed crimes against humanity on Japanese territory, he/she would...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...
23 Dec Remuneration Debacle at the International Criminal Court: Should ICC Judges Get a Pay Rise? Part II
...the Panel made no comparison in this regard. It is, however, illuminating to see how the judges’ current package compares with other elected officials at the ICC and with Counsels leading defence teams at the Court. The general qualification required of a judge of the ICC under Article 36(3) of the Rome Statute is that they ‘possess the qualifications required in their respective States for appointment to the highest judicial offices … [and have] established competence in criminal law and procedure … [or] in relevant areas of international law’. No...11 Oct Bashir’s “Committment” to Peace — and a Hidden Benefit of the ICC
Kufuor urging him to arrest Al-Bashir until ICC judges make a ruling on his arrest warrant. This is the second foreign visit by Al-Bashir since ICC indictment after Turkey and the first to an ICC member country. However at the time the Sudanese president hinted in an interview with Reuters that he may only visit countries which are not members of the ICC. “We are not concerned about traveling, ourselves, we have good relations with a number of countries that do not have relations with the ICC” he said. Some...31 Oct Reflections on Burundi’s Withdrawal from the International Criminal Court
ICC will ultimately escape accusations of double-standards and uneven application of international criminal justice. Withdrawal of a State Party also illustrates that it is ultimately much more difficult for the ICC to investigate and/or prosecute where state actors are allegedly implicated in crimes. If the state where the crimes occurred is not in favor of the ICC’s involvement, the state can block the ICC from entering its territory, making investigations difficult. Then, the state can refuse to comply with requests for cooperation (as to documents and/or witnesses), and, ultimately, it...
08 Apr A New Approach to Criminal Responsibility? Discussing the Separate Opinions on Indirect Co-Perpetration in the Ntaganda Appeals Judgment
Eboe-Osuji annexed to the Ntaganda Appeals Judgment, concerning the theory of indirect co-perpetration, which has often been used at the ICC to assess the criminal responsibility of the accused. It begins with a discussion of ICC jurisprudence and continues with the separate opinions of the two judges and their implications for the way we think about individual criminal responsibility for mass atrocities. The ICC Approach to Establishing Criminal Responsibility Article 25(3) Rome Statute presents the most detailed list of modes, pursuant to which a person could be held liable in...
05 Nov The Power and Responsibility of the EU to Protect the ICC from US Sanctions
Supporters of the ICC can save it if they act as though the project of the ICC really matters to them. The Trump Administration’s approach to the ICC has echoed the maxim frequently but dubiously attributed to Lenin: “You probe with bayonets: if you find mush, you push. If you find steel, you withdraw.” There was no substantive response after the first Trump Administration sanctioned ICC officials. He returned to his practice of sanctioning ICC officials under his second administration, and the response was mush. The Trump Administration has pushed...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...