Search: palestine icc
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...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...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...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...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...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...