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 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...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...
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...