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18 Aug States of Justice Symposium: The Hazy Future of International Criminal Justice in Light of Africa’s Interaction with the ICC
Sudan, Gabon, the DRC, Mali and the Philippines to validate the theoretical arguments long advanced in the literature. The author also interestingly engages with the ICC’s posture in its dealings with these so-called “weaker” states. He clearly demonstrates how the ICC has severally played along and, in some cases, fallen prey to these states’ shenanigans. Throughout the book, the author draws on the empirical evidence in the various states referred to with a critical mind which takes no action/inaction by both states and the ICC for granted. The book will...
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...28 Feb Japan to Join the ICC
to internationally ensure the establishment of status of and the independence of activities of counsels for defendants and victims before the ICC. When Japan accedes to the Rome Statute, Japan will become the largest financial contributor to the ICC. Japan should consider this as an opportunity to contribute to overall matters of the ICC. As trials progress and tasks expand in the ICC, more and more personnel, including legal practitioners, are wanted. Japan should create an environment to enable Japanese legal practitioners and other specialists to participate in the ICC....
11 Oct The Use of AI at the ICC: Should we Have Concerns? Part II
[ Gabrielle McIntyre is Chair of Women’s Initiatives for Gender Justice, Co-cordinator of Africa Legal Aid’s Gender Mentoring Programme for International Judges; Independent international law consultant. Nicholas Vialle is a Pro Bono Lawyer (human rights, refugee and migration law), Australia; Independent international human rights law consultant.] This brings us to the second issue concerning the development of AI which may raise issues of concern at the ICC particularly in relation to commitments to gender equality and non-discrimination, which are at the core of the cultural framework of the ICC and...30 Jun ICC Labor Woes Part II: What’s Two Million Euros Between Friends?
To date, the former Registrar’s actions have cost the ICC at least €855,000. And an informed source says there are approximately 15 more ReVision complaints pending, which the Court can obviously expect to lose. So the Registrar’s actions — almost always in defiance of the ICC’s own Appeals Board — could end up costing the Court more than €2,000,000. At a time when the ICC is already facing a significant budget crunch, that’s horrific. The ICC elected a new Registrar on 28 March 2018. We can only hope his personnel...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...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...06 Sep Why Kenya Won’t Withdraw from the ICC
There has been much consternation and hand-wringing about the Kenyan parliament’s decision to table a motion to withdraw from the ICC. I understand the fear; Kenya’s withdrawal would obviously be a sign that Kenyatta and Ruto no longer intend to cooperate with the Court. Withdrawal could also encourage other African states to leave the ICC, which they have not seemed particularly keen to do, despite their incessant protests that the Court is little more than a neo-colonial instrument of the West that is (in one memorable description) “hunting” Africa. That...
07 Oct Symposium on Gender Representation: The International Criminal Court’s “Boys Club” Problem
of State or their Minister of Foreign Affairs. Efforts to address the national level gender imbalance must continue but it is incumbent upon ASP representatives to proactively make decisions that reflect an appreciation for gender balance when appointing members to committees or groups. ICC Staff At the Court itself, according to the 2020 Report of the Bureau on Equitable Geographical Representation and Gender Balance in the Recruitment of Staff of the ICC (Gender and Geographical Representation Report), as of 30 September 2020, the ICC staff was 49.2 percent female and...