Search: palestine icc
02 Jul A Thought Experiment About ICC-State Cooperation
release of those held. Or maybe I'm being too optimistic? A ...and re: The ICC, again maybe thinking too optimistically, but I'd hope they would be exactly the same under the circumstances for someone from the OTP. In Melinda's case, I think the rebel element, changes the circumstances immensely. Kevin Jon Heller With respect, the likelihood that the ICC's "statement of regret" would have been issued had Taylor been a prosecutor is precisely zero. And I fail to see the rebel/Libya argument. The ICC should pander to Libya regarding the...
24 Jun Options for a Peace Settlement in Ukraine: Options Paper VIII – Sanctions in the Ukraine–Russian War: Proposed Solutions for the Peace Process and War Crimes Prosecutions
...treaty. The most recent example comes from a March 2021 award by the International Criminal Court (hereinafter “ICC”) of $30 million to the victims of Bosco Ntaganda, a rebel leader from the Democratic Republic of the Congo convicted of 18 counts of crimes against humanity and war crimes. However, the ICC has been unable to seize or locate Ntaganda’s assets to satisfy this judgment, thus placing the burden of reparations on nations themselves. The Bemba case further highlights areas where ICC procedure and unsystematic cooperation with states fails to ensure...
29 Oct Third Time Lucky? ICC Appeals Chamber Directs Prosecutor to Consider Mavi Marmara Incident for a Third Time
by impunity, it is of concern that the ICC system has facilitated 6 years of repeated litigation regarding the matter. The recent Appeal judgment is particularly perplexing when considered alongside the ICC decision in Afghanistan. As recently as April this year, the PTC expressed concern that any official investigation into Afghanistan would ultimately be unsuccessful due to the passage of time, political changes on the ground and the Court’s limited resources (paras 91-96). It is notable that the PTC reached this decision even though the Court concluded that there was...19 Oct Guest Post: The ICC intervenes in Georgia–When is a Peacekeeper a Peacekeeper?
[Patryk I. Labuda is a Ph.D. Candidate at the Graduate Institute of International and Development Studies and a Teaching Assistant at the Geneva Academy of International Humanitarian Law and Human Rights.] As Kevin noted last week, the ICC Prosecutor has officially requested authorization to proceed with an investigation into alleged crimes committed during the 2008 Russo-Georgian war. Anticipated by ICC observers for some time, the announcement has prompted speculation about the prospects of a full-blown investigation involving a P5 country (Russia), as well as the geopolitical ramifications of the ICC...08 Feb Another Congolese Warlord in ICC Custody — and Sloppy Reporting by the ICC
with criminally-minded warlords. And that is a good thing. But unless his arrest somehow disrupts the peace process, it’s difficult to overlook the fact that this was essentially costless PR for the Congolese government: they not only purged a recruit who was causing international controversy, they appeared — thanks to sloppy reporting by the ICC — to be so committed to cooperating with the ICC that they would even turn over one of their own. Nothing, of course, is further from the truth. And I imagine the ICC knows it....
03 Apr The ICC Must End the Impunity Gap for Crimes Against Persons with Disabilities
on this “close-link” in any of its subsequent reporting on the situation in Colombia.. The ICC Prosecutor Must Appoint a Special Advisor on Disability As of March 2023, the ICC Prosecutor has appointed over seventeen Special Advisors to the Court. These Special Advisors address a variety of topics from crimes against and affecting children, to investigations. However, while the ICC Prosecutor has appointed experts on gender-persecution and sexual violence, he has not appointed a Special Advisor on Disability. Appointing a Special Advisor on Disability is a necessary and crucial step...
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...28 Aug Emerging Voices: Incorporation of Plural Realisations of Justice within the ICC System
[Justin S. Yang, PhD Researcher at King’s College London; LL.M at Leiden University.] The International Criminal Court (ICC) projects a legal framework that is unique from the prior expressions of international criminal justice. In the construction of its Statute, in particular through the system of complementarity, the Court embodies the potential to actualise a horizontal and communitarian system of justice; rather than mandating a singular perspective of law in a vertical hierarchy, the ICC framework is designed to accommodate the inherent plurality of its international membership. Tracing the development of...
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...