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...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...
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...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....
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...
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...
29 Jul Ecocide: Environmental Crime of Crimes or Ill-Conceived Concept?
ICC to also become the environmental policeman (as some may see it under the IEP’s proposal), teeters on the brink of turning the ICC into the global juridical Leviathan – which, incidentally, some non-States Parties already perceive to be the ICC’s ambition. Better for the ICC to stay grounded and focused on what is within its capabilities and limitations. And now a few words for the text, but as I’ve noted, I am just skimming the cream. For a more thorough analysis see here, here, here, here, and here. The...
01 Oct Distant Justice Symposium: How Colonial Inscriptions Continue to Matter in ICC and Africa Dynamics
those indicted by the ICC are given a human, even an ordinary face. Situating the place of politics in international legal processes, the book offers an important analysis of the messiness of the socio-political machinery that makes possible particular entanglements amongst the ICC, Ugandan and the Democratic Republic of the Congo’s landscapes. Frontloading a discussion of his research methodology – 650 interviews with political elites, public officials, everyday people, and 7 visits to the ICC’s main office – Distant Justice offers an eloquent analysis into particular international court practices of...