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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 | |

03 Apr

on this “close-link” in any of its subsequent reporting on the situation in Colombia..  The ICC Prosecutor Must Appoint a Special Advisor on Disability  As of March 2023, the ICC Prosecutor has appointed over seventeen Special Advisors to the Court. These Special Advisors address a variety of topics from crimes against and affecting children, to investigations. However, while the ICC Prosecutor has appointed experts on gender-persecution and sexual violence, he has not appointed a Special Advisor on Disability. Appointing a Special Advisor on Disability is a necessary and crucial step...
03.04.23 | |

28 Aug

[Justin S. Yang, PhD Researcher at King’s College London; LL.M at Leiden University.] The International Criminal Court (ICC) projects a legal framework that is unique from the prior expressions of international criminal justice. In the construction of its Statute, in particular through the system of complementarity, the Court embodies the potential to actualise a horizontal and communitarian system of justice; rather than mandating a singular perspective of law in a vertical hierarchy, the ICC framework is designed to accommodate the inherent plurality of its international membership. Tracing the development of...
28.08.15 | |

23 May

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...
23.05.14 | |

21 Mar

...international crime over multiple territories, can we then still expect each of these national authorities to put the pieces together. And if we cannot expect this from the national authorities, should we then put the onus on the ICC? And if so, is putting the onus on the ICC not in stark contradiction with the complementary nature if the ICC? This discussion makes clear that there are limits to what the ICC can do and why it is important to imagine other paths towards more accountability.  Reshaping Positive Complementarity and...
21.03.23 | |

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 | |

02 Jul

I expect sloppy reporting from the traditional media, but not from the normally excellent FP Passport. So I was surprised to read the following in a post by Michael Wilkerson implying that the ICC has accomplished almost nothing: But with so much scorn and a suspect arrested for only one of its outstanding warrants — former Congo rebel commander Jean-Pierre Bemba Gombo — the ICC needs help if it is to accomplish its mission of discouraging impunity…. To preserve the ICC’s relevance, the trial of Gombo will need to go...
02.07.09 | |

18 Jun

[Alexander Heinze is an Assistant Professor at the Department of Foreign and International Criminal Law, Institute for Criminal Law and Justice, Georg-August-Universität Göttingen. He is the author of the book “International Criminal Procedure and Disclosure” (Duncker & Humblot, 2014).] In less than a month’s time, the International Criminal Court (ICC) will celebrate its 20th anniversary. Distinguished speakers will be calling into mind that the ICC was first and foremost a Court for victims – and then they will be expressing their condemnation of the recent acquittal of Jean-Pierre Bemba from...
18.06.18 | |

04 Apr

...Secretary General acts as the depositary. The Vienna formula states are obviously a subset of "all states". Rep Ileana Ros-Lehtinen threatened to put a hold on funding for any UN organ or agency that granted Palestine rights reserved for a state or that upgraded Palestine's observer status. Israel refused to transfer funds owed to Palestine too. I don't see any reason why Palestine should take on the additional burden of paying assessments as a full member of the ICC when an article 12(3) declaration should be sufficient for an acknowledged...
04.04.12 | |

11 Feb

that the Palestinan Authority is capable of accepting ICC jurisdiction since it is doubtful that it is a state or that it has sovereignty over Gaza, or both. Indeed, the status of Palestine is one of the main subjects of dispute between Israel and the Palestinians, and it doesn’t seem obviously helpful for the ICC to decide this question at this point. And intervening will hardly calm fears about the ICC’s aggressive interpretation of its jurisdiction, especially over nationals of states that are not parties to the ICC. It is...
11.02.09 | |