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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...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...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...08 Feb Another Congolese Warlord in ICC Custody — and Sloppy Reporting by the ICC
with criminally-minded warlords. And that is a good thing. But unless his arrest somehow disrupts the peace process, it’s difficult to overlook the fact that this was essentially costless PR for the Congolese government: they not only purged a recruit who was causing international controversy, they appeared — thanks to sloppy reporting by the ICC — to be so committed to cooperating with the ICC that they would even turn over one of their own. Nothing, of course, is further from the truth. And I imagine the ICC knows it....19 Oct Guest Post: The ICC intervenes in Georgia–When is a Peacekeeper a Peacekeeper?
[Patryk I. Labuda is a Ph.D. Candidate at the Graduate Institute of International and Development Studies and a Teaching Assistant at the Geneva Academy of International Humanitarian Law and Human Rights.] As Kevin noted last week, the ICC Prosecutor has officially requested authorization to proceed with an investigation into alleged crimes committed during the 2008 Russo-Georgian war. Anticipated by ICC observers for some time, the announcement has prompted speculation about the prospects of a full-blown investigation involving a P5 country (Russia), as well as the geopolitical ramifications of the ICC...
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...
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...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...