Search: palestine icc
21 Nov The ICC Independent Expert Review – A Response to Prof. Guilfoyle’s Post on Questions of Trust and Tenure
ICC. However, again, I would like to point to the context in which the ICC operates in order to provide insight into how this may have developed and to reiterate that creating a system of tenure for staff may not be the correct prescription in order to cure this malady. It is my personal view that creating a system of fixed term limits for staff will likely not only lead to increased instability in the job market, but it will undercut staff morale and actually trust in the system and...20 Jul Why the Security Council Should Not be Involved Regarding Al-Bashir’s Immunity
[Alexandre Skander Galand is a Newton Postdoctoral Researcher at the Center for Global Public Law, Koç University; Ph.D. in Law (EUI).] In a post published in September 2015, I asked whether the International Criminal Court (ICC) was in need of support to clarify the status of Heads of States’ immunities. My post followed the ICC Pre-Trial Chamber II (PTC II) request for submissions from the Republic of South Africa (RSA) with regards to the stay in its territory of the Head of State of Sudan, Omar Al-Bashir, on June 14-17,...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...11 Mar Simone Gbagbo’s Domestic Conviction Illustrates the Futility of the “Same Conduct” Requirement
is very unlikely to receive a longer sentence from the ICC than she has already received from Cote d’Ivoire? My answer is simple: the ICC would gain nothing, so it shouldn’t. As I have argued at length in my essay “A Sentence-Based Theory of Complementarity,” the ICC simply cannot afford the kind of hyper-formalism that underlies both the “same conduct” requirement and Art. 20(3). In my view, the Court should defer to any national prosecution that results (or any national investigation is likely to result) in a sentence equal to...18 Jun Sanctioning the ICC: A Guide to U.S. Law (Part I)
...Trump declared a national emergency and established a sanctions program regarding the International Criminal Court (ICC). A number of commentators have lucidly explained why this move is self-defeating and generally objectionable in regards to American principles and interests. But fewer pixels (but not none, see in particular this excellent piece by Adam Smith) have been darkened with an explanation of the mechanism through which Trump is implementing these sanctions. This information could be more than a curiosity to persons working for and with the ICC, who might be wondering if...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...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....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...
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...