Search: palestine icc
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...
13 Nov Examining the ICC Appeals Chamber Decision on Victim Participation in the Palestine Article 18(1) Appeal: Significance and Implications
[Avi Singh is a Senior Advocate at the High Court of Delhi. Nalinaksha Singh is an Advocate] Introduction A recent decision highlights a persistent tension within the ICC’s victim participation framework: whether Article 68(3) functions as a genuine procedural guarantee or remains dependent on narrow readings of statutory silence. On 21 November 2024, Pre-Trial Chamber I of the International Criminal Court (ICC) issued its decision rejecting Israel’s request for the Prosecutor to issue a new notice under Article 18(1) of the Rome Statute, finding that the developments after 7 October...
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...04 Nov Complementarity in Crisis: Uganda, Alternative Justice, and the International Criminal Court
...in light of the ICC’s history), that it is the Security Council that possesses the greatest ability to safeguard the ICC’s integrity. Where the Security Council affirmatively refers a case to the ICC (as it has done with respect to Darfur), the referral should create a strong presumption in favor of prosecution and against deference to domestic efforts. Where, on the other hand, the Council acts to block an ICC proceeding in favor of domestic efforts, its doing so will shield the ICC from the difficulty of having to face...
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...07 Jun Did You Hear? But for the ICC, the War in Libya Would Be Over
criminal justice. At the same time, Bosco is perfectly happy himself to avoid grappling with possible positive consequences, such as his own possibility that the fighting would have been worse in Libya but for the ICC investigation. I have no idea whether Gaddafi’s atrocities would be worse without the ICC. But I do know that the ICC’s investigation has had some actual positive consequences, in contrast to Bosco’s possible negative ones. I’ll give Juan Cole the last word: Libyan Oil Minister Shukri Ghanem has defected from the Qaddafi regime and...
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...