Search: palestine icc

consensus developing in the U.S. on how to deal with the ICC, driven by principle but also simple politics. The chances of an ICC ratification in this or any future Senate is hard to imagine in the next few years. The chance of the ICC withering away is also zero. So there must be an accommodation of the ICC by the U.S. and an accommodation of the U.S. by the ICC. When they can work together, as in Darfur, they should do so. Grumbling by Bolton or by Human Rights...

she was acting anything but professionally in her dealings with Saif. That said, I was struck by the following paragraphs in a recent (and excellent) post on the Atlantic website by my Wronging Rights friends, Amanda Taub and Kate Cronin-Furman: The reason established governments wouldn’t do anything like this is that Taylor and her colleagues were in Libya on official ICC business and are therefore entitled to diplomatic immunity. Regardless of what the Libyans claim the ICC staff members did — and regardless even of whether they actually engaged in...

..."suit" against Chavez in the ICC for quite some time now to meet domestic political concerns. Instead of being loud within the ICC, Colombia should attempt to go completely unnoticed. After all, our art. 17 discussion is not a discussion that Colombia wants to see discussed by real judges... These efforts are a huge mistake by the Colombian government for the exact same reason which you point out, Kevin. If they keep trying to retaliate against an old political enemy with the ICC as their weapon, they might just end...

between the AU and the ICC, individual African states have learned to skillfully manipulate the ICC to their advantage. By outsourcing sensitive cases to The Hague while trying minor perpetrators before domestic courts, the governments of the DRC, Uganda, Kenya and Cote d’Ivoire have all, to different degrees, used the ICC’s interventions to bolster their domestic standing. Due to the ICC’s limited enforcement powers, it is relatively easy for states to project an image of compliance where cooperation is convenient, and obstruct the ICC’s investigations where national or regional interests...

...following a blatant lack of cooperation from Sudan and a lack of support from the Security Council for the work of the ICC, despite the fact that the situation was initially referred to the Court by the Security Council. The ICC Prosecutor as well as the ICC Pre-Trial Chamber II recently pointed out the lack of willingness from the Security Council to play its part by imposing measures on UN Member States for their failure to comply with Resolution 1593 (2005) requesting cooperation with the ICC. This lack of cooperation...

do their jobs -- represent unpopular clients. If the ICC accepts his "solution," the Court will never again be able to operate in a hostile country. As for LMO and the ICC's muted reaction, I couldn't agree wit you more. It's shameful. Jane Kevin, Things will have to change by the ICC after the release of Melinda. In my opinion, the double role of Melinda (employee of the ICC and appointed co-counsel of Saif) triggered this crisis. Do you really think that OPCD and OPCV can carry out theses two...

year in Kordofan, Nuba Mountains, Blue Nile state and South Sudan.” Internets, help us figure out what’s going on here. How can the ICC be investigating these events? To review: There are three paths to an ICC case. The first is a referral of a situation by an involved state. The second is Security Council authorization. The third is that the Office of the Prosecutor can initiate its own investigation, but only into alleged events either (1) occurring on the territory of a state that’s accepted the ICC’s jurisdiction, or...

[Ihsan Adel is the Founder and Chair of Law for Palestine and an international lawyer currently pursuing a PhD in Germany] The Israeli occupation of Palestine has long tested the limits and efficacy of international law. However, recent legal developments, particularly the ICJ’s advisory opinion, have intensified the call to recognise this occupation not only as an illegal act but as an outright form of aggression. This marks a significant turning point. The prohibition of aggression lies at the core of the international legal order established after the World Wars;...

[ Dr Brendan Ciarán Browne is an Assistant Professor Conflict Resolution at Trinity College Dublin. ] Introduction Few ‘conflicts’ engender the widest possible scrutiny within public, political and academic discourse than Israel’s ongoing settler colonial mission in Palestine. The goal of many critical legal scholars is thus to unpack the ways in which international law is weaponised to subjugate the Palestinian people, providing opportunity for students to debate and interrogate international law’s emancipatory potential therein. Yet, challenging and critiquing orthodoxies as they are applied in spaces such as Palestine requires...

westerners and NATO personnel from prosecution in those ICC situations. With the Afghanistan investigation looming however, this is the most vulnerable that the US has ever been in regard to the ICC’s reach. To complicate matters further, the investigation in Palestine raises the stakes even higher for the US and Israel. And the Rome Statute’s ‘threat’ to Israel has always preoccupied the US government, even during the Rome negotiations. Let’s go back to that hearing on 23 July 1998 in the US Congress. This exchange between Senator Feinstein (a Democrat)...

[Jonathan O’Donohue is a consultant on international justice and human rights, formerly a Legal Advisor at Amnesty International. Be sure to also read Ewan Brown and William H. Wiley at Justice in Conflict.] The vacancy announcement circulated globally in August last year emphasizes the extensive skills and experience that the next International Criminal Court (ICC) Prosecutor must bring to the role but makes no mention of the serious resource challenges the successful candidate will face when they take office. The budget of the ICC Office of the Prosecutor (OTP) for...

challenges in preparing the submission to the ICC was establishing the nature of responsibility of individuals within corporations for crimes committed against civilians in Yemen. Article 25(3)(c) of the Rome Statute is one of the key provisions invoked in the communication to the ICC as it establishes responsibility of those who: …“for the purpose of facilitating the commission of such a crime, aids, abets or otherwise assists in its commission or its attempted commission, including providing the means for its commission.” This definition of complicity, which calls for a ‘purposeful...