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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...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...
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...
18 Apr ICC’s Jurisdiction over the Crime of Aggression: Amending Article 5 Instead of Article 15bis (Part I)
...Parties of the International Criminal Court (ICC) of 27 January 2025 is a case in point. It recognizes that the ICC now faces significant threats and unlawful sanctions from states like Russia for its investigations and arrest warrants in the Ukraine situation, and from the USA for investigations and arrest orders in the Palestine situation. As underlined by the authors of that call, “the ICC’s mission is not political, it is about applying international law consistently and impartially to hold perpretrators of the gravest crimes accountable”. Furthermore, the call points...
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...
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...
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...
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...
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...
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...