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11 Jan ICC Preliminary Examinations – Where is the Gender Analysis?
and prosecution of sexual violence and other gender-based crimes (SGBC). In an interview prior to his election, Khan said that he would review the ICC Office of the Prosecutor’s (OTP) SGBC Policy 2014, now in its eighth year of operation. The Policy was a central part of the former Prosecutor Fatou Bensouda’s push to elevate SGBC and improve the ICC’s record on investigating and prosecuting these crimes. It applies to all OTP activities, yet it has not been subjected to a comprehensive evaluation by ICC watchers or the OTP itself....15 Apr Some Thoughts on Eric Posner’s WSJ Editorial
this exists at the global level, the ICC’s choices are inherently political. Now we transition, for some unknown reason, to the ICC. This is the typical far-right critique of the ICC, but it gets no better no matter how many times it is repeated. Domestic prosecutors “rely on common values and ultimately answer to the people”? I seem to recall the Alberto Gonzalez era, when being a Democrat meant that you would be disqualified from being hired by the DOJ or end up prosecuted for imaginary crimes. (Sorry, Mr. Siegelman.)...
18 Mar Russian Violations of IHL: The ICC is Not the Complete Answer
quick involvement in investigating potential war crimes. However, the ICC is not going to be able to offer comprehensive accountability for all the violations of IHL – simply because the Rome Statute’s substantive law under Article 8 only covers a portion of IHL. This post examines briefly what the ICC can prosecute, and then undertakes an in-depth examination of the challenges the limitations of Article 8 of the Rome Statute (RS) will present with regards to the Ukraine-Russia conflict. IHL Violations the ICC Can Prosecute There are a number of...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...
16 Sep Prosecuting Denial of Right of Return of Georgian IDPs under the Rome Statute
...on the ground of “destination requirement”: while deportation involves displacement across national borders, a forcible transfer is committed within the national borders (Rohingya Decision, para. 57). The Possibility to Prosecute Denial of Right of Return of Georgian IDPs by the ICC On 27 January 2016, ICC authorized the Prosecutor to open proprio motu investigation in the Situation in Georgia in relation to alleged CaH and war crimes committed in and around Tskhinvali Region in the context of Russian-Georgian international armed conflict of 2008. One of the alleged crimes on which the ICC’s...
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...23 Apr Guest Post: The ICC Changes Its Mind on the Immunity from Arrest of President Al Bashir, But It Is Wrong Again
members, which detain the veto, are not parties to the ICC Statute, to me, it was simply preposterous to confer a right of referral of the ICC to the SC. Clearly, this is a grave breach of the principle of independence of justice. Sometimes, I wonder whether the ICC is not a “baby” of the SC? (2) Despite this “congenital malformation”, one could expected that ICC judges do their best to escape from the clutches of the SC, by interpreting the Statute in a way which makes them more independent....
05 Aug Complementarity, Catalysts, Compliance Symposium: Two Problems of Positive Complementarity in the Context of the DRC
the author’s preference for the so-called positive complementarity. It should be remembered in this regard that the principle of the complementarity of the ICC lends itself to two different logics. The first is negative complementarity. It translates into an antagonistic view of the relationship between the ICC and national courts. Article 17 of the Rome Statute aims to organize this relationship to avoid conflicts of jurisdiction between the ICC and national courts in prosecuting crimes under the Rome Statute. The second logic is that of positive complementarity, the legal basis...20 Aug Emerging Voices: Victim Participation in ICC and ECCC’s Proceedings
(…). However, neither the Rome Statute nor the ICC Rules of procedure and Evidence determine the modalities of victim participation. It is left to the judges to set such rules (ICC Rules of Procedure and Evidence, Rule 89.1). Thus, at the ICC, victim participation depends on each Chamber and varies in each case. For example, in the Katanga and Ngudjolo Chui case, the Trial Chamber II decided that the victims’ legal representatives « must be able to consult all of the public and confidential decisions and documents in the record...