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Search: palestine icc

04 Jun

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...
04.06.18 | |

18 Aug

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...
18.08.20 | |

03 Oct

...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...
03.10.19 | |

13 Feb

...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...
13.02.25 | |

06 Apr

action by the United Nations. Surely this means that ASP review would only be to implement any action by the U.N.; nothing in the Rome State implies any larger ASP role in statehood matters in any event. Importantly, any future action toward statehood could only enable Palestine to bring the Court a situation after statehood is determined, since the ICC is unable to take up matters retroactively. Thus, this is clearly the end of the line for any ICC complaints about the events raised in the PNA’s declaration of 2009....
06.04.12 | |

21 Sep

non-ICC state and an ICC state. Given that nationality is one of the Court’s primary jurisdictional bases (along with territory), no “sleight of hand” would be involved in the the ICC investigating an American with Mexican citizenship. (Law aside, it’s revealing that Newsweek‘s hypothetical defendant is described as an “American with Mexican citizenship,” instead of as a “Mexican with American citizenship.” Only an American journalist could so unselfconsciously presume that American citizenship is at the core of all dual citizens’ identities.) That said, investigating Lt. Col. Benjamin would be a...
21.09.09 | |

02 Feb

...choosing that it would be preferable to have no tribunal hear these claims over having the ICC hear the claims. This is unwise and it does place the concerns of the victims of violence (I would say genocide) in Darfur secondary to the Bush Administration making a point about its dislike of the ICC. An ad hoc tribunal is unlikely to do as good a job as the ICC. Not having any tribunal at all puts long-term peace in the region on shakier ground than if there was a tribunal...
02.02.05 | |

14 Jul

...authority over the ICC is actually quite limited. First, although the Security Council referred the situation in Darfur to the ICC, no provision in the Rome Statute allows the Council to "unrefer" the situation.  And rightfully so: if the Security Council could take a situation away from the ICC whenever it disagreed with the Prosecutor’s investigative strategy or a decision by the Pre-Trial Chamber, the Court would be little more than an arm of the UN, fatally undermining the Court’s independence. Second, although Article 16 of the Rome Statute permits...
14.07.08 | |

13 Jun

any state that routinely uses force against other states (or against non-state actors located in other states) will not opt out of aggression. Why wouldn’t they? There may be some reputation cost for a state not to be a part of the ICC, but it is difficult to believe that there will be any such cost for a state that joins the ICC but limits the Court’s jurisdiction over it to war crimes, crimes against humanity, and genocide. The ICC’s jurisdiction over aggression will thus almost certainly be limited to...
13.06.10 | |

06 Nov

Richard Galber What seems to be not being discussed is if for whatever reason the ICC investigates Burundi, and Burundi totally ignores the ICC, what can and/or wll the ICC do about it It has a legal remit that is dependant on the signatories to the Rome Statute; but following ICC rulings is up to states to comply, with no available sanction other than the UNSC If the UNSC does not involve itself the rulings of the ICC are worth less than the paper they are inscribed on...
06.11.17 | |

09 Aug

...the Rome Statute (para. 4), which meant that the key issue with regard to the Declaration was whether Palestine qualified as a State (para. 5). [5] The OTP concluded that it did not have the authority to decide whether, as a matter of law, Palestine was a State; that responsibility was “for the relevant bodies at the United Nations or the Assembly of States Parties” (para. 6). [6] The OTP acknowledged that numerous states had acknowledged Palestine’s statehood and that Palestine had applied for membership as a State in the...
09.08.14 | |

30 Jan

As Julian notes, earlier today the ICC’s Pre-Trial Chamber I ordered Thomas Lubanga to stand trial on three charges relating to the FPLC’s use of child soldiers. Here is the ICC’s summary of the charges: The Chamber decided that there is sufficient evidence to establish substantial grounds to believe that Thomas Lubanga Dyilo is criminally responsible as co-perpetrator for the war crimes of enlisting and conscripting of children under the age of fifteen years into the FPLC, the military wing of the Union des Patriotes Congolais (UPC) and using them...
30.01.07 | |