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Search: palestine icc

23 Dec

...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...
23.12.20 | |

04 May

...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...
04.05.07 | |

27 Apr

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...
27.04.05 | |

11 Oct

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...
11.10.08 | |

10 Oct

...It is thus with some surprise that we find TWAIL adopting a more circumspect approach to Palestine, disregarding the myths that dominate the debate on Israeli settler-colonialism in international legal circles. Palestine’s Elusive Place in TWAIL Thought* Some of TWAIL’s early interlocutors were beholden to Eurocentric international law, submitting to the core ideas that distorted the trajectory of the Third World. There was nothing treacherous in the scholars’ behaviour; this was no comprador class. Rather, as Bedjaoui and Anand proclaimed in the heyday of the decolonisation era, theirs was a...
10.10.23 | |

10 Jul

...rests on the deterrence rather than the retribution rationale. The U.S. supports international criminal courts set up to punish specific sets of crimes occurring in a particular place. The ICC is a permanent court with wide jurisdiction. The main superiority of the ICC is that it supposedly creates a deterrence effect that ad hoc courts set up after the fact (as in Yugoslavia and Rwanda) cannot. But if there is not much of a deterrence effect, why shouldn’t we rely on ad hoc criminal tribunals, as the U.S. has suggested?...
10.07.05 | |

21 Jun

UK: Cambridge University Press, 2003 ed. Pappé, Ilan. The Ethnic Cleansing of Palestine. Oxford, UK: Oneworld, 2006. Shafir, Gershon. Land, Labor and the Origins of the Israeli-Palestinian Conflict, 1882-1914. Cambridge, UK: Cambridge University Press, 1989. Shamir, Ronen. In the Colonies of Law: Colonialism, Zionism, and Law in Early Mandate Palestine. Cambridge, UK: Cambridge University Press, 2000. Shlaim, Avi. The Politics of Partition: King Abdullah, the Zionists and Palestine, 1921-1951. Oxford, UK: Oxford University Press, 1990. Smith, Charles D. Palestine and the Arab-Israeli Conflict. Boston, MA: Bedford/St. Martin’s, 2004 ed. Tessler,...
21.06.09 | |

02 Jan

Now, after the capture of Saif Ghadaffi, the meaning of this obligation is being put to the test. Saif is wanted by the ICC for war crimes; but the Libyan authorities want to prosecute him in the country’s own courts. The ICC prosecutor, Luis Moreno Ocampo, takes the view that Libya has a right handle on Saif’s trial, provided its courts are up to the task. Ocampo is relying on a principle of the ICC’s Statute, known as “complementarity”—the principle which allows for a challenge to ICC jurisdiction on the...
02.01.12 | |

10 Sep

has the right to try its own citizens for the alleged crimes, and the ICC can step in only after determining a national court was unable or unwilling to pursue the case. Luis Moreno-Ocampo, the ICC prosecutor, said in remarks Wednesday that: The ICC’s preliminary inquiry is “very complex,” Mr. Ocampo said. The court is trying to assess allegations of crimes including “massive attacks,” collateral damage and torture, he said, adding that his investigators were getting information from human-rights groups in Afghanistan and from the Afghan government. Anyone following the...
10.09.09 | |

19 Jan

...inflicted, which would clearly amount to war crimes. 2. This is not the first time that the behaviour of the UK military forces in Iraq is challenged before the ICC. In fact, hundreds of complaints have been brought on various grounds both to domestic courts and to the ICC since the beginning of the war. As for the ICC, after the initial opening of a preliminary examination, following to over 404 communications by Iraqi victims, in 2006 the ICC Prosecutor issued a first decision determining not to open an investigation...
19.01.14 | |

02 Jul

...Taylor and the ICC staff out of Libya. It certainly wouldn't surprise me if that was the case. Kevin Jon Heller So it's not enough to take Taylor hostage; as part of the ransom, the ICC has to humiliate itself, as well. I think this is the least confident I have ever been that the ICC can succeed as an institution. Kevin Jon Heller It's also revealing, as I noted in the post, that the Libyan representative acknowledged that Libya always knew it couldn't prosecute Taylor. So it didn't even...
02.07.12 | |

16 Jan

Turkey on wednesday. ‘Speakers of Asian parliaments will bring the guilty to the ICC as war criminals’, said Agung, Speaker of the Indonesia parliament, as reported by Antara, the Indonesian news agency.” There is, of course, one small problem with this idea: even if Israel has committed war crimes in Gaza — and I certainly believe it has — the ICC does not have jurisdiction over them. As Moreno-Ocampo quickly pointed out, Israel is not a party to the Rome Statute. To be sure, Israel could accept the ICC’s jurisdiction...
16.01.09 | |