Search: palestine icc

As readers no doubt know, on Tuesday the ICC’s Trial Chamber declared a “mistrial” in the case against William Ruto and Joshua Arap Sang. The decision likely puts an end to the fiasco of the Ocampo Six — now the “Ocampo Zero,” to borrow Mark Kersten’s nicely-turned expression — although the Trial Chamber dismissed the charges “without prejudice,” leaving the door open for the OTP to prosecute Ruto and Sang again if its evidence ever becomes stronger. The decision is obviously terrible for the OTP. And it is difficult not...

...that no state can arrest or surrender a government official entitled to personal immunity. They make clear the AU believes personal immunity prohibits the ICC from prosecuting any such official. And not just the ICC — “any International Court or Tribunal.” The AU’s robust defence of personal immunity in its 2013 ICC Decision is not surprising. After all, when the AU adopted the Malabo Protocol in 2014, extending the jurisdiction of the proposed African Court of Justice and Human Rights to a variety of international crimes — including aggression —...

...perfectly valid, indeed important. AMICC Operative paragraph 6 of Resolution 1970 purports to grant exclusive jurisdiction over non-Libyan nationals of countries that are not ICC States Parties to the courts of their nationalities, subject to waiver. This closely tracks operative paragraph 6 of the Darfur resolution, 1593. It should be noted that under the UN Charter the Security Council can give orders to UN Member States but cannot bind other international organizations. As such, the ICC could ignore this provision, though it would likely try to avoid this situation. http://amicc.blogspot.com/2011/02/amicc-analysis-of-un-security-council.html...

...Tel Aviv to Jerusalem. According to Palestine, the Vienna Convention requires that “the diplomatic mission of a sending State must be established on the territory of the receiving State.” Palestine contends that, in the eyes of international law, Jerusalem cannot be considered to be the territory of the State of Israel. In this case, too, the question of the statehood of Palestine is crucial – because, under the ICJ Statute, “only States may be parties in cases before the Court.” Yet this case, too, is in something of a hiatus....

all other religions live in the shadow of Islam (Art. 31); Peace accords are treacherous schemes of Zionists (Art. 32); Jihad will not end until liberation is complete (Art. 33); and Palestine is the navel of the earth and Jihad is our answer to the Christian Crusades (Art. 34). Excerpts of these articles are below: Art. 2 The Link Between Hamas and the Association of Muslim Brothers The Islamic Resistance Movement is one of the wings of the Muslim Brothers in Palestine. The Muslim Brotherhood Movement is a world organization,...

...in the occupied territories. Fifth, as parties to the Rome Statute of the ICC, EU member states should refrain from attacking or questioning the court’s independence, and should instead protect the ICC in the face of threats and intimidations from the Israeli and US governments. As ICC members, all EU governments have clear obligations, including to cooperate with the court to execute arrest warrants and to avoid “non-essential contacts” with individuals who are fugitives from the ICC.  Finally, the EU should also act on the ICJ’s clear statements on the...

the ICC particularly after the AU issued a resolution last July instructing its members not to cooperate with the Hague tribunal in apprehending Bashir. But Mbeki appeared to distance himself from the position of the pan-African body in his report seen by Sudan Tribune. “The ICC is a ‘court of last resort’ as well as of limited practical capacity: it can only target a few people for prosecution. Indeed, conscious of its limited resources, the Prosecutor of the ICC has adopted a policy of focusing only on those few who...

certain elements of the alleged crimes had been committed in the territory of Lithuania itself, which is a State Party. It is well-established that the ICC has jurisdiction when a crime is committed in the territory of a State Party or when the perpetrator is a national of a State Party. But does the ICC have the territorial jurisdiction over crimes that are conducted on the territory of a non-State Party, and if so, what are the conditions required to establish said jurisdiction? Establishing ratione loci jurisdiction of the ICC...

just world’, embodying ‘humanity against crimes’. In Ba’s characterisation of the same decade, the ICC does not warrant grandiose celebration, it is so deeply implicated in unjust politics that it ‘may need to acknowledge that it can only deliver justice that is…political, selective, and partial’ (Ba, 2020, p. 159). The ICC, then, appears as impervious to its status as ‘a court in permanent crisis’ (Ba, 2020, p. 158). It is apt then, that, on International Justice Day this year, the ICC launched a ‘resilience’ campaign. Encountering this with Ba points...

the internal law of the ICC Statute which the ICC must comply with, given that, for the reasons set out above, treating the NUG as the government of the State of Myanmar is consistent with all the different relevant areas of international law and, indeed, a sui generis rule of international law adopting such treatment as a legal norm that may well have been established, the object and purpose of the Statute, to end impunity, requires the ICC to accept the Declaration as valid for the purposes of Article 12(3)....

...humanity, representing 2.2 percent of all accused. This is in sharp contrast with the pattern at the ICC before which, at the time the article was written, 11 out of 30 accused were charged only with crimes against humanity in the Kenya, Libya and Côte d’Ivoire cases, representing a stunning 36.7 percent of all accused. Turning to a more normative and qualitative assessment of the data, the article postulates that the increase in “CAH only” cases at the ICC is to be expected because the ICC is a permanent court,...

I know, fisking pro-Bashir propaganda is kind of a pointless task, but the article made me mad with its shameless inaccuracy. It’s unfortunate that so many Arab readers — the original article was published in the Al Rai Jordanian Daily — are exposed to this kind of garbage concerning the ICC and Darfur. Without further ado, the fisking… Jurists and politicians participating in the seminar held for analyzing legal stance of the International Criminal Court versus Sudan have come out with the conclusion that the ICC step is more of...