Search: palestine icc
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...
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...
21 Apr ICC Sanctions Symposium: How Africa Denied Fatou Bensouda and Phakiso Mochochoko
short hand for the ICC’s Afghanistan and Palestine situations. On 2 September, 2020, then Secretary of State, Mike Pompeo, exercised this power to designate Prosecutor, Fatou Bensouda and Phakiso Mochochoko, head of the ICC’s Jurisdiction, Complementarity and Co-operation Division (JCCD), making them ineligible for entry clearance into the United States. The designation also froze any assets they may have had in the country and barred them from holding any assets in the US currency. The Trump administration equally threatened similar sanctions on anyone who had any contact or collaboration with...
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...23 May Implications of Security Council Veto on ICC Referral of Syrian Situation
to improve the relationship between the Council and the ICC (amongst other courts), while maintaining institutional independence. For an overview of the issues broadly cast, see David Kaye’s 2013 report here. Second, working around the Security Council is another option. Because Syria is not a party to the ICC, the options are limited, but Amb. Christian Wenawaser of Leichtenstein has argued that another route to ICC jurisdiction might be hoc submission under Art. 12(3) of the ICC Statute. In a talk at the International Peace Institute in January, he stated...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...