Search: palestine icc
02 Jul A Thought Experiment About ICC-State Cooperation
release of those held. Or maybe I'm being too optimistic? A ...and re: The ICC, again maybe thinking too optimistically, but I'd hope they would be exactly the same under the circumstances for someone from the OTP. In Melinda's case, I think the rebel element, changes the circumstances immensely. Kevin Jon Heller With respect, the likelihood that the ICC's "statement of regret" would have been issued had Taylor been a prosecutor is precisely zero. And I fail to see the rebel/Libya argument. The ICC should pander to Libya regarding the...
24 Jun Options for a Peace Settlement in Ukraine: Options Paper VIII – Sanctions in the Ukraine–Russian War: Proposed Solutions for the Peace Process and War Crimes Prosecutions
...treaty. The most recent example comes from a March 2021 award by the International Criminal Court (hereinafter “ICC”) of $30 million to the victims of Bosco Ntaganda, a rebel leader from the Democratic Republic of the Congo convicted of 18 counts of crimes against humanity and war crimes. However, the ICC has been unable to seize or locate Ntaganda’s assets to satisfy this judgment, thus placing the burden of reparations on nations themselves. The Bemba case further highlights areas where ICC procedure and unsystematic cooperation with states fails to ensure...
29 Jul Ecocide: Environmental Crime of Crimes or Ill-Conceived Concept?
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...15 Jan Can the Security Council Implicitly Amend the Rome Statute?
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...
03 Apr The ICC Must End the Impunity Gap for Crimes Against Persons with Disabilities
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...
07 Apr The Rise and Rise of the Special Criminal Court (Part II)
...execute the ICC’s arrest warrants is far more effectively done in the office of the Central African Minister for Justice, than from the Hague. For that reason, the SCC is a valuable potential partner for the ICC. The SCC’s Statute was drafted in the context of an ongoing ICC investigation into international crimes committed starting in 2012 in the country. As such, the SCC’s legal framework explicitly envisages cooperation with the ICC. Article 41 of the RPE requires the Special Prosecutor of the SCC, “In the interests of efficiency and...
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...28 Aug Emerging Voices: Incorporation of Plural Realisations of Justice within the ICC System
[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...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...
21 Mar The Turkey Tribunal’s Long Shot: Stretching Territorial Jurisdiction and Disregarding Positive Complementarity Options (Part II)
...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...