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08 Apr

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...
08.04.21 | |

31 Oct

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...
31.10.17 | |

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 | |

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 | |

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 | |

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 | |