Search: palestine icc
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...07 Jun Did You Hear? But for the ICC, the War in Libya Would Be Over
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...11 Mar Simone Gbagbo’s Domestic Conviction Illustrates the Futility of the “Same Conduct” Requirement
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...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...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...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...04 Nov Complementarity in Crisis: Uganda, Alternative Justice, and the International Criminal Court
...in light of the ICC’s history), that it is the Security Council that possesses the greatest ability to safeguard the ICC’s integrity. Where the Security Council affirmatively refers a case to the ICC (as it has done with respect to Darfur), the referral should create a strong presumption in favor of prosecution and against deference to domestic efforts. Where, on the other hand, the Council acts to block an ICC proceeding in favor of domestic efforts, its doing so will shield the ICC from the difficulty of having to face...
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...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...