Search: palestine icc
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...
09 Aug Muddying the Waters: A Reply to Kay and Kern on the Statehood of Palestine and the ICC – Part II
legal determination whether Palestine qualifies as a State for the purpose of acceding to the Rome Statute and thereby enabling the exercise of jurisdiction by the Court under article 12(1)”. The Territory of the State of Palestine Kay and Kern claim that the exercise of ICC jurisdiction would “require the OTP to demarcate a border for jurisdictional purposes”. They argue that Palestine’s sovereign legal title is “indeterminate” and “presents a fundamental and immutable jurisdictional obstacle” with respect to a potential settlements case, for example, because it is not clear 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...
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...
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...
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...
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...