Search: palestine icc
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. Danya Chaikel is the International Federation for Human Rights (FIDH) Representative to the ICC.] As examined in Part I, the ICC lacks procedural safeguards to ensure victims’ interests are...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...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...
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...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...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...