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23 Oct Universal Jurisdiction, the International Criminal Court, and the Rohingya Genocide
...remit of its investigation before pursuing a case. In September this year, an official diplomatic note was sent by the Argentinian Ministry of Foreign Affairs to the Office of Fatou Bensouda, the Prosecutor of the ICC, asking for additional information. MoFA has specifically asked for clarity on whether the Prosecutor believes a universal jurisdiction investigation would duplicate, or could even be disruptive, to the ICC’s own investigation. We believe the answer is clear: a case in Argentina would complement the ICC investigation, and should be opened immediately. The investigation the...
25 Jun Falsa Demonstratio Non Nocet: The Record of the Proceedings at the ICC is a Case File–Now More Than Ever
...both Incriminating and Exculpatory Evidence Last but not least, the reason the evidence in the case file contains a strong assumption of weight and credibility is the (at least perceived) impartiality of the Prosecution. As an organ of justice, the Prosecution in legal systems relying on a case file is obliged to investigate both incriminating and exculpatory evidence equally. Since the same applies to the Prosecution at the ICC (Article 54(1)(a) ICC Statute), even this structural precondition for the weight component is met. In sum, the ICC promotes a case...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...
13 Apr Can We Return to the Law, Please? Rethinking the Judicial interpretation of Procedural Rules in the ICC – A Conversation with Judge Tarfusser after the Gbagbo-Blé Goude Appeal Judgment
...have taken up, and continue to take up, a lot of space before the ICC and account for a non-negligible part of the “hard work” some ICC people take unique pride in relentlessly boasting – or complaining, depending on the audience – about. This said, and answering your questions, I think it is indeed unacceptable that Judges “create” procedural rules based on their discretion and that it is high time to stop this exercise and to go back to basic and solid legal interpretation. On the question if “judicial creativity”...22 Oct Will the Mbeki Report Implicitly Endorse the ICC? (Updated)
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...
19 Aug States of Justice Symposium: States of Justice, Cascade Scientism, and Snow White in The Hague
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...
17 Aug Can the National Unity Government (NUG) of Myanmar Represent that State for the Purposes of Accepting the Jurisdiction of the International Criminal Court?
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)....22 Jul AJIL Symposium: Crimes Against Humanity in the Modern Age
...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,...