Search: palestine icc
29 Jul The (Non-U.S.) ICC Backlash Begins
Like our readers, I am enjoying the terrific and sophisticated discussion on Ben Wittes’ important and highly persuasive book (My short reaction: He’s pretty much right about most things). I hate to interrupt this flow with non-Wittes stuff, but I couldn’t resist a brief note on the growing non-U.S.-related backlash against the ICC. Indeed, just as the U.S. seems to be close to electing a pro-ICC president in Senator Obama (or even in Senator McCain), it is the rest of the world that is beginning to grumble about the ICC....11 May An Unusual Dissenter from Kenya’s Bid to Shut Down the ICC
...asking for the SC to exercise a legal authority to terminate the ICC proceedings, but rather to give political support to the position that the ICC should reconsider on its own accord: "Under the UN Charter, the Security Council has primary responsibility for maintaining international peace and security. But the Rome Treaty removes this existing system of checks and balances, and places enormous unchecked power in the hands of the ICC prosecutor and judges. The treaty created a self-initiating prosecutor, answerable to no state or institution other than the Court...08 Apr The Ruto Trial Chamber Invents the Mistrial Without Prejudice
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...
09 Nov The AU’s Position on Personal Immunity: A Response to Coracini & Trahan
...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 —...24 Aug Does the U.S. Have An Exemption from the ICC’s Jurisdiction for Actions in Libya?
...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...30 Jan The Hamas Party Platform
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,...
10 Aug Jerusalem before the International Courts: Utopias 2020
...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....
24 Oct International Court Rulings Require EU Action on Israel and Palestine: Sanctions, Trade Measures, Support for ICC Crucial to Comply with International Law
...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...13 May Libya and the ICC: In the Pursuit of Justice?
[Leila Hanafi works as regional coordinator for the Middle East and North Africa at the Coalition for the International Criminal Court. This contribution is cross-posted at the Middle East Monitor.] The ongoing post-conflict reconstruction process in Libya is reigniting a crucial debate among transitional justice advocates as to the role the International Criminal Court (ICC) can play in delivering justice and redress to victims of grave crimes. In the midst of the February 2011 revolution, the ICC opened an investigation into crimes allegedly committed in Libya, based on United Nations...
30 Oct Options for a Peace Settlement for Ukraine: Option Paper XVI – War Crimes, Crimes against Humanity and Genocide
of specific options for accountability and justice for war crimes, crimes against humanity and genocide committed during the Ukraine-Russia conflict. The International Criminal Court The International Criminal Court (ICC) is the most likely option for accountability for the commission of war crimes, crimes against humanity and/or genocide. The ICC has jurisdiction over war crimes, crimes against humanity and genocide. The ICC’s status as most likely forum is because the ICC Prosecutor is already mobilised and investigating any possible crimes being committed in the Ukraine-Russia conflict, and because of the limitations...