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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 | |

18 Jun

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...
18.06.15 | |

04 Nov

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...
04.11.09 | |

05 Nov

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...
05.11.25 | |

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 | |

19 Feb

Even so, the Prosecutor could not lay charges for the crime of aggression with regard to the issue of South Ossetia due to the non-retroactive nature of the Court’s jurisdiction. The ICC´s decision to open an investigation in Georgia is significant because it is the first investigation into a situation outside the African continent. The ICC focus on Africa has led to accusations that the Court has been biased. However, a majority of ICC investigations have been opened at the request of African governments, even if these investigations can be...
19.02.16 | |

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 | |

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 | |

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 | |

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 | |