Search: palestine icc
03 Sep Critical Pedagogy Symposium: Teaching Palestine–Recognising and Responding to the Dangers of Online Learning
[ 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...
19 Apr ICC Sanctions Symposium: Sanctions Gone, But Don’t Celebrate Too Quickly!
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)...
14 Apr ICC Prosecutor Symposium: Wanted–International Prosecutor to Deliver Justice Successfully Across Multiple Complex Situations with Inadequate Resources
[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...09 Oct Revisiting the Peace-Justice Debate in northern Uganda
...which point the ICC cannot investigate. This, however, brings up its own political problem for the ICC: should the Court investigate crimes committed in conflicts with origins and dynamics reaching far before 2002? As I have argued before, the ICC should think twice about investigating situations with roots long before July 1st 2002. If the ICC is understood as an institution which needs both legal and political legitimacy in order to be successful, investigating only the last bits of a conflict may be a recipe for disaster. It may make...
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...
13 Feb Enforcing an AI Moratorium: Lessons from the ICC?
...in searching for enforcement inspiration. Rather, due consideration should be given to the leading public international law enforcement mechanism for obligations on individuals: the International Criminal Court. There are, of course, shortcomings with drawing inspiration from the ICC. The ICC prosecutes natural persons, while corporations are likely to be the relevant subject of AGI governance. The ICC’s remit covers genocide, crimes against humanity, war crimes and crimes of aggression. These may reasonably be seen as far more heinous than a developer pushing the boundaries of permissible AI development. Indeed, even...
03 Oct Distant Justice Symposium: Some Thoughts on Getting Close
...complex, very careful, and somewhat operational. Clark implies that distance can shrink and scale can contract. One way might be to correctively bring the institution – the ICC – nearer physically, more aligned methodologically, and in greater cultural harmony with the affirmed beneficiaries of its grace(s). Sure, yes, of course, maybe. But I don’t think the ICC is ready for that or yet able to do it. Why? Oh, because I think there is an even more embedded gap. I wonder whether the ICC’s separateness runs far deeper and can...
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...
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...
14 Jan Extraterritorial Obligations of Arms Exporting Corporations: New Communication to the ICC
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...