Search: palestine icc
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...
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...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....
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...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.)...19 Apr ICC Watch: More Details on ICC-Uganda Understanding
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...
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...