Search: palestine icc
19 Jan Guest Post: Meloni–Can the ICC investigate UK higher echelons’ command responsibility for torture committed by the armed forces against Iraqi detainees?
...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...10 Sep ICC’s Ocampo Indicates Probe Underway into NATO Actions in Afghanistan
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...02 Jul Taylor Released! (Though Not Because of Carr) (Updated)
...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...
03 May Forget the Security Council: The General Assembly Can Admit Palestine
the United States supports Palestine statehood only “in the context of a comprehensive peace agreement.” Israel has said it will not negotiate a peace agreement that would involve its acceptance of Palestine statehood. From the Security Council’s report on the April 18 Palestine vote, it will be apparent to the General Assembly that the US reasoning that prevented a positive recommendation is well outside an international consensus. Twelve states supported the Palestine application. The ground has been laid for the General Assembly to act. In the wake of the Security...
29 Jul Symposium on Unbroken Bond: Tracing the Ties Between African and Palestinian Anti-Colonial Struggles – Race as a Tool of Oppression: Settler Colonialism in Africa and Palestine Through the Lens of Black Radical Thought
the context of Palestine, this discourse portrays Palestinians as backward, uncivilised, and therefore undeserving of self-determination. The Israeli state’s policies and land confiscation, settlement construction and restriction of Palestinian movement are often justified through a discourse of security and civilisation that is deeply rooted in racial othering. As Davis points out, the Israeli occupation of Palestine is one of the most blatant cases of state commitment to apartheid and racism. The Zionist project in Palestine has employed Orientalist discourse and intersectional oppression in several key ways. Zionist narratives often portray...15 Aug The Waters Were Already Muddy: A Rebuttal to Victor Kattan
Steven Kay QC is Head of Chambers at 9 Bedford Row. Joshua Kern is a barrister at 9 Bedford Row). On 3 July 2019, we submitted a communication to the Office of the Prosecutor (“OTP”) of the International Criminal Court (“ICC”) (summarised here) which argued that Palestine’s objective legal status as a non-State entity, as well as Palestine’s indeterminate sovereign territorial claim, operate as barriers to the exercise of ICC jurisdiction in potential cases. On 9 August, Victor Kattan responded on these pages (here and here) by suggesting that our communication constitutes...
24 May An Overview of the Principle of Complementarity
12 Republican senators sent to the Prosecutor, threatening to sanction him, other ICC employees, and their families if he proceeded to apply for arrest warrants: The ICC is also prohibited by its charter from proceeding in any case unless the relevant government is unwilling or unable to police themselves. You yourself have said that “Israel has trained lawyers who advise commanders and a robust system intended to ensure compliance with international humanitarian law.” By issuing warrants, you would be calling into question the legitimacy of Israel’s laws, legal system, and...
21 Apr ICC Sanctions Symposium: How Africa Denied Fatou Bensouda and Phakiso Mochochoko
short hand for the ICC’s Afghanistan and Palestine situations. On 2 September, 2020, then Secretary of State, Mike Pompeo, exercised this power to designate Prosecutor, Fatou Bensouda and Phakiso Mochochoko, head of the ICC’s Jurisdiction, Complementarity and Co-operation Division (JCCD), making them ineligible for entry clearance into the United States. The designation also froze any assets they may have had in the country and barred them from holding any assets in the US currency. The Trump administration equally threatened similar sanctions on anyone who had any contact or collaboration with...04 Aug The International Criminal Court at 14
Justice Minister Sidiki Kaba. The Secretary General of the United Nations Ban Ki-Moon also attended, along with former ICC Presidents and Judges. In his remarks, the Secretary General said that the inauguration was a “milestone in global efforts to promote and uphold human rights and the rule of law”. The ASP President said that this was a “day of hope for all victims of mass crimes in the world”. President Fernandez announced that the Court was “here to stay”. But setting the rhetoric aside, how does the ICC’s report card...
31 Mar Justice in Extreme Cases Symposium: An Invitation to Think about the Way We Think in International Criminal Justice
...of the incriminating evidence (p. 53). Indeed, there are indications of this trend in ICC jurisprudence, which support Robinson’s proposition. One example is the narrow construction of the mental element of criminal liability, or mens rea, in ICC judgments. Article 30(2)(b) of the Rome Statute defines as an intentional conduct one in which the perpetrator has been ‘aware’ that the crime ‘will occur in the ordinary course of events’. In practice, many ICC pre-trial, trial and appeals chambers have interpreted these words in a very restrictive sense – to require...