Search: palestine icc
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...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....
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...
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...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...
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...