Search: palestine icc
24 Dec Mathieu Ngudjolo Chui: reflections on the ICC’s first acquittal
[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....27 Feb Can the Security Council Define the Limits of a “Situation”?
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...07 Nov “There is a Double Standard at the ICC”
discretion in picking and choosing which countries to refer to ICC prosecution. Why did the Security Council refer the situation in Libya to the ICC, but not the situation in Syria? The only distinction, he suggested, was the geopolitical position of the two countries. The ICC is becoming the vehicle for the Security Council to punish countries that are politically unpalatable. If this is the case, should that impact the way the ICC prosecutor handles the matter? “No,” he said. Once the matter was referred to the ICC, Moreno-Ocampo was...
09 Aug Muddying the Waters: A Reply to Kay and Kern on the Statehood of Palestine and the ICC – Part II
legal determination whether Palestine qualifies as a State for the purpose of acceding to the Rome Statute and thereby enabling the exercise of jurisdiction by the Court under article 12(1)”. The Territory of the State of Palestine Kay and Kern claim that the exercise of ICC jurisdiction would “require the OTP to demarcate a border for jurisdictional purposes”. They argue that Palestine’s sovereign legal title is “indeterminate” and “presents a fundamental and immutable jurisdictional obstacle” with respect to a potential settlements case, for example, because it is not clear that...
26 Jun Between Recognition and Denial: Reading Recent Recognition Initiatives in Light of Earlier Milestones in Madrid, Oslo and the General Assembly
negotiations-before-statehood paradigm. As in the case of the earlier Madrid and Oslo moves, this resolution echoed earlier efforts at the UNGA when Palestine became a non-member observer state in 2012 (passed with 138 votes in favour, nine against and 41 abstaining). This pyrrhic victory had marked the highwater mark of Prime Minister Fayyad’s recognition campaign that had seen the majority of the world’s states recognise Palestine as a state. Such an endorsement of at least Palestine’s ‘differentiated’ statehood has enabled it to become a member of the International Criminal Court...28 Jun Was the Expert Letter on Palestine Buried by the President of the ASP?
no doubt correct that the ASP would have decided, if asked, that Palestine qualified as a state. If anything, the membership of the ASP is even more pro-Palestine than the membership of the General Assembly. But I disagree that an ASP decision in favor of Palestine “would have sent out a clear message to the Prosecutor that she should investigate the situation in Palestine.” The issues are separate, so it is entirely possible to believe both that Palestine qualified as a state prior to the General Assembly resolution and that...
19 Apr Symposium on the ‘Legacy’ of the USA Sanctions against International Criminal Court Prosecutor Ms Fatou Bensouda and Mr Phakiso Mochochoko
legacy of the sanctions against Bensouda and Mochochoko. They explore the intricacies of national, regional and global power while at the same time reflecting on the future of the ICC and the international criminal justice field more broadly. The posts engage with various themes including: the discriminatory nature of the sanctions and what this means for ‘less-powerful’ states and their nationals; the USA’s relationship with the ICC; the potential effect on the ICC’s investigations in Afghanistan and Palestine; and the international criminal justice narratives and metaphors brought to the fore...18 Mar The United States Continues its Attacks against the International Criminal Court
[Jennifer Trahan is a Clinical Professor at the NYU Center for Global Affairs and Megan Fairlie is a Professor of Law at Florida International University School of Law.] On March 15, 2019, U.S. Secretary of State Michael R. Pompeo announced plans to implement a travel ban against International Criminal Court (“ICC”) officials working on the Afghanistan situation. The ban specifically will revoke visas from ICC personnel and staff who are “directly responsible for any ICC investigation of U.S. personnel.” This includes persons who “take or have taken action to request...
09 Sep Contemporary International Criminal Law After Critique Symposium: Accountability for the Unaccountable? Article 15 Communications Beyond the ICC
through which their authors can engage multiple audiences at and beyond the ICC. In my article in the JICJ’s ‘Contemporary International Criminal Law After Critique’ symposium, I explore this advocacy. I argue that making an Article 15 communication enables civil society actors to engage in sociological criminalisation, pursuing a form of extralegal accountability – including for those who remain unaccountable before the ICC. Accountability Beyond the Courtroom There are many reasons why perpetrators of violence and harms may not be held accountable under international criminal law. International criminal law criminalises...