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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...
08 Aug The Trial Judgment in Yekatom and Ngaïssona: A Judgment of Many Firsts Built on Case Management (Part 1)
been a team effort (including legal officers) along the lines of the Guidelines for ICC Judgment Drafting (Annex to the Chambers Practice Manual, see especially paras. 25 et seq.). A second example is the decision of the TC to “render any potential decision on sentencing pursuant to Article 76 of the Statute simultaneously with its judgment under Article 74 of the Statute” (Decision on Sentencing Procedure, para. 2). It has been the preferred option at the ICC so far to hold a separate sentencing hearing, which prolonged the proceedings (for...
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,...
27 Jul The Third ICC Prosecutor: Is It the Process or the Outcome of the Process that Matters More?
O-Gon Kwon a letter expressing displeasure with the selection process and the shortlist of candidates. The letter cited, and expressed support for, paragraph 33 of the Resolution ICC-ASP/1/Res.2 (as amended by resolution ICC-ASP/3 /Res.6), entitled “Procedure for the nomination and election of Judges, the Prosecutor and the Deputy Prosecutors of the International Criminal Court,” which stipulates that “every effort shall be made to elect the Prosecutor by consensus.” Such consensus, the letter added, must be achieved through “open and transparent consultations.” The letter went on to explain why the process,...