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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 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...04 Jun Too Clever by Half: Why the ICC Will Probably Find No Jurisdiction Over the Deportation of the Rohingya
prospect of the ICC side-stepping a deadlocked UN Security Council to bring some modicum of justice to the Rohingya has excited many. Yet it is imperative that we remain sober because there is a thorny issue that was previously, and nearly universally, thought to bar ICC intervention—the lack of personal and territorial jurisdiction. An affirmative ruling on the Prosecutor’s request would be a Grotian moment of jurisdictional expansion for the ICC with consequences that will reach far beyond crimes in Myanmar. When the Rome Statute was drafted, States could never...
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...
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...
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...
23 Aug Emerging Voices: The Participation of Children in Hostilities before the ICC–An Inherent Contradiction between IHL and ICL?
children in hostilities vis-à-vis the wider IHL framework. This is because the Rome Statute provision effectively brought the prohibition within the remit of ICL for the first time. In Lubanga, the ICC Chambers concluded that the term ‘active’ can encompass both direct and indirect participation (Lubanga TC Judgment para.628; AC Judgment para.340). Significantly, the ICC’s interpretation of ‘active’ participation reflects a broader understanding of the term compared to its meaning and scope under IHL. The underlying premise of the ICC’s reasoning is to be welcomed; it seeks to provide...