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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...
01 Oct Prosecutor De-Prioritizes ICC Investigation of US Torture Program
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...
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...
29 May Affective Justice Symposium: An Anthropology of International Criminal Justice Across Multiple Scales–A Response to Commentaries
...are interpreted differently by various actors. I continue to oppose narrow technocratic analyses of international law in relation to these Africa-ICC debates precisely because this approach inherently erases both voices of resistance (regardless of the actors) and, more seriously, alternate possibilities for innovation. Affective Justice explains that the ICC, ICTY, and ICTR have statutory provisions that reject head-of-state immunity. However, in domestic courts, as opposed to international ones, personal immunity remains firmly established as a matter of international law. The larger debate in ICC-Africa circuits is around how functional immunity...
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...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...