Search: palestine icc
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....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...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,...
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”...27 Dec Fisking a Jordanian “Seminar” on the ICC and Sudan
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...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...