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25 Sep From Immunities to the Afghanistan Decision – Talking International Criminal Justice with Stephen Rapp
like this? Civil society organisations need to be a part of the independent assessment I mentioned earlier to ensure that states do not use it as an opportunity to curtail the independence of the ICC. They are important to ensure that the Court will pursue cases without fear or favour. They are important as supportive critics of the ICC who want it to be more effective while some states might wish it to be less effective. An effective ICC is necessary even to strengthen domestic justice. A key part to...
17 Mar The Right to Family Visits for ICC Detainees during the COVID-19 Pandemic
as described by the Defense of Mr. Yekatom, has varied in different countries, the ICC Detention Centre, and the United Nations Detention Unit in The Hague. The discrepancy in rights to family visitation between national prison detainees and international detainees seems odd; however, the disparity between the United Nations Detention Unit, the ICC Detention Centre, and the Kosovo Specialist Chambers is even more worrisome. The resolution of this discrepancy should be welcomed. The ICC Detention Centre will not allow in-person family visits for the foreseeable future. The Ninth Registry Update...30 Jul Libya Thumbs Its Nose at the ICC — Again…
intelligence chief Abdullah Senussi on the same charges. On July 18 the Hague-based ICC rejected Tripoli’s request to keep Seif in Libya for trial, saying that Libya remained “obliged” to hand over Seif to the court. Libya’s representative to the ICC, Ahmed al-Jehani said that as soon as Seif is transferred to Tripoli, the Libyan government would again appeal the ICC decision. Mr al-Jehani added: “The ICC decision is based on Seif al-Islam’s detention in Zintan and not under the control of the judicial authorities in Tripoli. This (ICC) decision...
24 May Punishing Atrocities Symposium: Selectivity, Goals, and the Legitimacy of International Criminal Law
...so few individuals, and failed to pursue government perpetrators. Meanwhile, global audiences, from activists to academics and diplomats, question the ICC’s non-prosecution of persons from powerful states. Implicit in Hafetz’s argument that the ICC should focus on expressing the message that no one is above the law, especially by pursuing perpetrators from powerful states, is an endorsement of a global focus for the ICC’s work. The ICC should not select situations or cases with a view to fulfilling the goals or expectations of local or national audiences, but rather should...
12 Dec Why Individual Integrity Matters
...ahead of elections of key officials at the International Criminal Court (ICC) scheduled to take place this month, by civil society organizations, academics, and States Parties. Because of a range of integrity failures during recent years, the prevailing view is that the next ICC Prosecutor, President of the Bureau of the Assembly of States Parties (ASP), and other high officials of the Court must be exemplary not only in professional terms, but also as regards integrity (see, for example, Professor Gregory Gordon’s recent post on the selection of the next...
01 Nov While Pursuing International Justice at the ICC, the US and UK Must Ensure Justice at Home
...UK have recently expressed support for the ICC since the prosecutor announced that he was opening an investigation of the situation in Ukraine. The UK pledged military and police personnel as well as an additional 1 million, to support the court and the US passed a senate resolution expressing support for the Court and urging other states to do the same. Though both states have wielded their considerable political and economic might to secure impunity for their nationals and military both at the ICC and in their domestic system, they...09 May A Thought Experiment About Complementarity and the Jordan Appeal Decision
President to the ICC. Instead, exercising its right under Art. 17 of the Rome Statute, it prosecutes him for genocide itself. I see nothing in the Jordan appeal decision that rules out S3. If the ICC arrest warrant entitled Beta to arrest and surrender the President of Alpha to the ICC despite his HoS immunity, surely it entitled Beta to arrest the President and prosecute him itself. The principle of complementarity is a foundational part of the ICC’s jurisdictional regime. Beta has thus managed to evade HoS immunity simply by...