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12 Sep Brazil’s Rise to Power must not Forget its History: On Rui Barbosa and the ICC
of the ICC until then – which is of course an absurd lie, considering the primacy that ICC policy played in his first government. Of course, it is highly unlikely that Brazilian democratic institutions, including the Supreme Court, the Attorney General and the Office of the Prosecutor, would stay silent on the occasion of Putin’s visit. They already haven’t in the past. When the ICC requested Brazil’s cooperation in bringing Sudan’s President, Omar al-Bashir, to justice, Brazil’s Supreme Court issued a 19-page dispatch detailing Brazil’s obligations and challenges with regard...
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...
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...
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...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,...