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17 Mar

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...
17.03.21 | |

01 Nov

...UK have recently expressed support for the ICC since the prosecutor announced that he was opening an investigation of the situation in Ukraine. The UK pledged  military and police personnel as well as an additional 1 million, to support the court and the US passed a senate resolution expressing support for the Court and urging other states to do the same. Though both states have wielded their considerable political and economic might to secure impunity for their nationals and military both at the ICC and in their domestic system, they...
01.11.22 | |

09 Sep

through which their authors can engage multiple audiences at and beyond the ICC. In my article in the JICJ’s ‘Contemporary International Criminal Law After Critique’ symposium, I explore this advocacy. I argue that making an Article 15 communication enables civil society actors to engage in sociological criminalisation, pursuing a form of extralegal accountability – including for those who remain unaccountable before the ICC. Accountability Beyond the Courtroom There are many reasons why perpetrators of violence and harms may not be held accountable under international criminal law. International criminal law criminalises...
09.09.24 | |

18 Mar

[Jennifer Trahan is a Clinical Professor at the NYU Center for Global Affairs and Megan Fairlie is a Professor of Law at Florida International University School of Law.] On March 15, 2019, U.S. Secretary of State Michael R. Pompeo announced plans to implement a travel ban against International Criminal Court (“ICC”) officials working on the Afghanistan situation. The ban specifically will revoke visas from ICC personnel and staff who are “directly responsible for any ICC investigation of U.S. personnel.” This includes persons who “take or have taken action to request...
18.03.19 | |

30 Jul

intelligence chief Abdullah Senussi on the same charges. On July 18 the Hague-based ICC rejected Tripoli’s request to keep Seif in Libya for trial, saying that Libya remained “obliged” to hand over Seif to the court. Libya’s representative to the ICC, Ahmed al-Jehani said that as soon as Seif is transferred to Tripoli, the Libyan government would again appeal the ICC decision. Mr al-Jehani added: “The ICC decision is based on Seif al-Islam’s detention in Zintan and not under the control of the judicial authorities in Tripoli. This (ICC) decision...
30.07.13 | |

24 May

...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...
24.05.19 | |

06 Apr

action by the United Nations. Surely this means that ASP review would only be to implement any action by the U.N.; nothing in the Rome State implies any larger ASP role in statehood matters in any event. Importantly, any future action toward statehood could only enable Palestine to bring the Court a situation after statehood is determined, since the ICC is unable to take up matters retroactively. Thus, this is clearly the end of the line for any ICC complaints about the events raised in the PNA’s declaration of 2009....
06.04.12 | |

14 Jul

...authority over the ICC is actually quite limited. First, although the Security Council referred the situation in Darfur to the ICC, no provision in the Rome Statute allows the Council to "unrefer" the situation.  And rightfully so: if the Security Council could take a situation away from the ICC whenever it disagreed with the Prosecutor’s investigative strategy or a decision by the Pre-Trial Chamber, the Court would be little more than an arm of the UN, fatally undermining the Court’s independence. Second, although Article 16 of the Rome Statute permits...
14.07.08 | |

13 Jun

any state that routinely uses force against other states (or against non-state actors located in other states) will not opt out of aggression. Why wouldn’t they? There may be some reputation cost for a state not to be a part of the ICC, but it is difficult to believe that there will be any such cost for a state that joins the ICC but limits the Court’s jurisdiction over it to war crimes, crimes against humanity, and genocide. The ICC’s jurisdiction over aggression will thus almost certainly be limited to...
13.06.10 | |

21 Sep

non-ICC state and an ICC state. Given that nationality is one of the Court’s primary jurisdictional bases (along with territory), no “sleight of hand” would be involved in the the ICC investigating an American with Mexican citizenship. (Law aside, it’s revealing that Newsweek‘s hypothetical defendant is described as an “American with Mexican citizenship,” instead of as a “Mexican with American citizenship.” Only an American journalist could so unselfconsciously presume that American citizenship is at the core of all dual citizens’ identities.) That said, investigating Lt. Col. Benjamin would be a...
21.09.09 | |

02 Feb

...choosing that it would be preferable to have no tribunal hear these claims over having the ICC hear the claims. This is unwise and it does place the concerns of the victims of violence (I would say genocide) in Darfur secondary to the Bush Administration making a point about its dislike of the ICC. An ad hoc tribunal is unlikely to do as good a job as the ICC. Not having any tribunal at all puts long-term peace in the region on shakier ground than if there was a tribunal...
02.02.05 | |

06 Nov

Richard Galber What seems to be not being discussed is if for whatever reason the ICC investigates Burundi, and Burundi totally ignores the ICC, what can and/or wll the ICC do about it It has a legal remit that is dependant on the signatories to the Rome Statute; but following ICC rulings is up to states to comply, with no available sanction other than the UNSC If the UNSC does not involve itself the rulings of the ICC are worth less than the paper they are inscribed on...
06.11.17 | |