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15 Jan

do in groups what IL doesn't allow them to do individually. Picking up on your hypothetical, if the Rome Statute did not have Art. 13(b), it would theoretically still be within the capacity of the UNSC, acting under Chapter VII of the UNC, to refer a situation to the ICC. A failure on the part of the ICC or the Conference of Parties to honour that request would then amount to a violation, by each ICC member state individually, of Arts. 25 and 103 (read together) of the UNC. A...
15.01.13 | |

01 Oct

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...
01.10.19 | |

07 Jun

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...
07.06.11 | |

29 Jul

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...
29.07.21 | |

21 Nov

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...
21.11.20 | |

11 Mar

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...
11.03.15 | |

18 Jun

...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...
18.06.20 | |

12 Sep

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...
12.09.23 | |

20 Jul

[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,...
20.07.17 | |

26 Nov

notes, though, that the Palestinians are resisting Britain’s insistence that an upgraded Palestine not join the ICC and ICJ. And rightfully so: the demand is simply another permutation of the idea that the Palestinians should accept a state that does not actually enjoy the perquisites of statehood. (To be clear: I remain completely opposed, on political grounds, to the ICC investigating the situation in Gaza.) It is also hard to see how a promise not to join the ICC and ICJ could be enforced, should Palestinian leadership ever change hands....
26.11.12 | |

22 Dec

...crime. Little has been done to acknowledge the Jewish roots in Palestine. The fact is that the Jewish presence in Palestine goes much farther back than most Palestinians, as well as Arabs and Muslims in general, would be willing to admit. Before 1948, Palestine was ruled by a series of empires. Before that Palestine was Judaea—a Jewish country. Jews have lived in Palestine continuously for more than 3,300 years. "Palestine" was the name given to the Jewish homeland in the second century by the Romans, in an attempt to break...
22.12.12 | |

14 Jan

...nationals of non-States Parties appears to engender resentment in the international community. To begin with, three permanent members of the UN Security Council are non-States Parties to the ICC (Russia, China and the U.S.), so there already exists the imbalance that these countries have the power to vote for or veto ICC referrals, yet crimes committed on their territories are not subject to ICC jurisdiction (and they have the power to veto referrals involving their own nationals). A further level of insulation of troops from non-States Parties as part of...
14.01.13 | |