Search: palestine icc
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...
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...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...
18 Apr ICC’s Jurisdiction over the Crime of Aggression: Amending Article 5 Instead of Article 15bis (Part I)
...Parties of the International Criminal Court (ICC) of 27 January 2025 is a case in point. It recognizes that the ICC now faces significant threats and unlawful sanctions from states like Russia for its investigations and arrest warrants in the Ukraine situation, and from the USA for investigations and arrest orders in the Palestine situation. As underlined by the authors of that call, “the ICC’s mission is not political, it is about applying international law consistently and impartially to hold perpretrators of the gravest crimes accountable”. Furthermore, the call points...
07 Apr The Rise and Rise of the Special Criminal Court (Part II)
...execute the ICC’s arrest warrants is far more effectively done in the office of the Central African Minister for Justice, than from the Hague. For that reason, the SCC is a valuable potential partner for the ICC. The SCC’s Statute was drafted in the context of an ongoing ICC investigation into international crimes committed starting in 2012 in the country. As such, the SCC’s legal framework explicitly envisages cooperation with the ICC. Article 41 of the RPE requires the Special Prosecutor of the SCC, “In the interests of efficiency and...
10 Feb Symposium on Fairness, Equality, and Diversity in Open Source Investigations: Out in the Open: Fair Trial Rights and Open Source Evidence at the ICC
...for defence teams to gain access to open source evidence, which could be even more challenging for defence counsel at the ICC who do not have the same access to subpoena powers. In addition, though counsel at the ICC do not have subpoena powers such as in domestic courts, they do have the possibility of obtaining information through requests for cooperation via the Registry in accordance with their Strategic Plan (paragraph 2). Yet, requests for cooperation do not always succeed, especially not in the case of those issued by the...
03 Jun Symposium on Reproductive Violence in International Law: Protections for Reproductive Violence in the ICC – Continuing the Women’s Caucus for Gender Justice’s Legacy
...was convicted of forced pregnancy based on evidence that he impregnated two women by raping them and then unlawfully confined them with the intent of carrying out ‘other grave violations of international law’, namely, to continue subjecting them to rape and other Rome Statute crimes. Negotiating the ICC Elements of Crimes During the negotiations for the ICC Elements of Crimes (providing detailed guidance on Rome Statute crimes), negotiations between 1999 and 2002, the Women’s Caucus advocacy continued. The Caucus warned against a proposal by eleven states stipulating that the inclusion...