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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...
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...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...10 Feb Protesting Too Much About Samantha Power and the ICC
...is not because an ad hoc would do a better job (an argument that Power does an excellent job in debunking) but because, essentially, we don’t like the ICC. Moreover, regarding the torture in Abu Ghraib and the (ever increasing) allegations about Guantanamo, one should note that the reason the ICC prosecutor isn’t investigating is because the prosecutor himself does not believe the ICC has jurisdcition over any of these claims. If the ICC actually was some out-of-control international tribunal, as the over-heated rhetoric of some of the its detractors...
31 Jul Crime of Aggression Negotiations Blocked by France, the United Kingdom, and Canada
and conditions for the ICC’s exercise of jurisdiction over it had to be negotiated later (Rome Statute Art 5.2.) When agreement on those was reached by consensus of all ICC States Parties in 2010 (see Kampala resolution), the crime—largely at the insistence of the United States—was made subject to an exceptional jurisdictional regime that significantly reduces the ability of the ICC to investigate or prosecute the crime. (For details, see Trahan, Reisinger Coracini, McDougall here and here.) Further restrictions were placed, or arguably placed, on the ICC‘s exercise of jurisdiction as...
09 Sep Contemporary International Criminal Law After Critique Symposium: Accountability for the Unaccountable? Article 15 Communications Beyond the ICC
through which their authors can engage multiple audiences at and beyond the ICC. In my article in the JICJ’s ‘Contemporary International Criminal Law After Critique’ symposium, I explore this advocacy. I argue that making an Article 15 communication enables civil society actors to engage in sociological criminalisation, pursuing a form of extralegal accountability – including for those who remain unaccountable before the ICC. Accountability Beyond the Courtroom There are many reasons why perpetrators of violence and harms may not be held accountable under international criminal law. International criminal law criminalises...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...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...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...