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11 Jan

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....
11.01.22 | |

01 Oct

arguing for dismissal).   When the Appeals Chamber reversed the Pre-Trial Chamber ruling and opened the Afghanistan investigation, the Trump Administration imposed sanctions (travel bans and asset freezes) on the past ICC Prosecutor and members of her staff, basically for looking into accountability for US nationals. Despite US claims that the ICC lacked “jurisdiction,” the crime were committed within the territory of Afghanistan (a Rome Statute State Party), and thus ones over which the ICC has clear jurisdiction (Rome Statute, Art. 12(2)(a)). Now, ironically, when the Biden Administration has lifted those...
01.10.21 | |

19 Apr

This report gives a bit more detail to the non-agreement agreement between the ICC Prosecutor and the Ugandan leaders who visited the Hague last week. The statements by the ICC Prosecutor shows the limits of his discretion under the ICC Statute and, perhaps, why the ICC will always be a potential obstacle to settlement of an ongoing conflict. The ICC Prosecutor As soon as there is a solution to end the violence and if the prosecution is not serving the interest of justice, then my duty is to stop investigation...
19.04.05 | |

23 Apr

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....
23.04.14 | |

15 Apr

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.)...
15.04.10 | |

20 Aug

(…). 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...
20.08.15 | |

04 Sep

and that individuals have duties to the international community. Mihai Martoiu Ticu It's just a trick to help Dinstein publish a revised edition of his book. AGD Its a bit scary to think how would things unfold if the UN vote on Palestine succeeds and Palestine (i.e. the "Non-Member UN Observer State" of Palestine) were to accede to the Rome Statute and submit the situation to the ICC. Asaf Lubin Israel is not claiming immunity from charges or international investigations. The fact that Israel just recently allowed the United Nations...
04.09.11 | |

28 Jun

a year after being released, Assaf filed an internal complaint with the ICC. The ILO Administrative Tribunal summarises her allegations in its judgment as follows (p. 3): On 3 June 2013 the complainant submitted to the ICC a “request for compensation and/or other damages” in which, amongst other relief, she claimed moral and punitive damages in connection with her detention in Libya on the basis that the ICC had acted with malice, reckless disregard for her safety and gross negligence. In support of her request, she referred not only to...
28.06.18 | |

03 Mar

has been indicted, by the international criminal court (ICC), has said he will never sign the final agreement unless the indictment is lifted. Look, peace may not be worth giving in to a murderous madman like Kony. And I think Kony may make a deal anyway, but if he doesn’t, the ICC has a tough decision ahead of it. The Ugandan government has pretty much done everything it can to accommodate Kony. But it cannot, repeat, cannot lift the ICC arrest warrants. Only the ICC can do that. Should they?...
03.03.08 | |

27 Feb

comply with a decision of the Security Council in their collective capacity (acting through the ICC) by the ICC declaring its "decision" invalid? John C. Dehn Stated differently (and expressing no view on this as wise policy): Para. 6 above is a "decision" of the Council, making it an international obligation of all member states pursuant to Art. 25 of the Charter. For the ICC to exercise jurisdiction over individuals it purports to exclude, it would need to declare this "decision" to be etirely invlaid because beyond the power of...
27.02.11 | |

24 Dec

[Jelia Sane is studying for the English Bar at City University, London. She holds an LLM in Public International Law from University College London and has previously interned at the ICC, the Centre for Justice and International Law, and the Extraordinary Chambers in the Courts of Cambodia.] The unanimous acquittal and subsequent release of Mathieu Ngudjolo Chui by Trial Chamber II of the International Criminal Court (ICC) on 18 December 2012 was a shock and disappointment to those following the work of the Court and development of international criminal justice....
24.12.12 | |

15 Jul

I appreciate Kevin’s thoughtful and evenhanded assessment of the ICC Prosecutor’s complex decision to seek the arrest of Sudan’s president.  There are indeed good arguments both for and against the ICC Prosecutor’s move. I’m torn myself.  I have articulated many times before my skepticism of the ICC’s effectiveness in helping to end the violence or even to bring justice for Darfur. I stand by my view that the ICC referral is basically the Security Council’s effort to deflect further action, and the fact that the ICC investigation cannot in any way...
15.07.08 | |