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27 Jul

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,...
27.07.20 | |

23 Oct

...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...
23.10.20 | |

25 Jun

...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...
25.06.20 | |

13 May

[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...
13.05.12 | |

08 Aug

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...
08.08.25 | |

30 Oct

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...
30.10.22 | |

13 Apr

...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”...
13.04.21 | |

24 Apr

not join, nor does it have any plans in the near future to join, the ICC. 2) The U.S. will seek to remain engaged in the ICC as an observer, and will no longer seek to obstruct or oppose ICC investigations and other works. Indeed, it will cooperate with the ICC (as in Sudan) in certain cases. 3) The U.S. will oppose — strongly oppose — the current definition of “aggression” that may be adopted by the ICC at its Kampala review conference as well as the addition of “aggression”...
24.04.10 | |

13 Sep

this will be a crime against humanity subject to the jurisdiction of the ICC. Too many acts and omissions, too long, in too many places. Best, Ben Kevin Coffey Whether the ICC has jurisdiction to prosecute the Vatican is questionable. Vatican City is not a State Party to the Rome Statute. The only way the ICC can have enforcement authority to prosecute is through the Security Council referring the matter to the court or the Vatican itself willing to accept the ICC's jurisdiction (both hugely unlikely). Politically, it is also...
13.09.11 | |

21 Jul

a mockery of the law by slavish adherence to technicalities. The upshot of the discussion above is our opinion that Comoros and Turkey can lodge a referral on behalf of the Mavi Marmara before the ICC. This said, in order for disorder not to be created by two jurisdictional competing claims, it has to be examined if one of the two states has priority in bringing the case to the ICC. While international criminal law does not provide for such priority, this can be established by reading article 12(2), in...
21.07.13 | |

25 Jan

arguing that it is not an international criminal court that he opposes as much as the design of the ICC to circumvent SC controls. Once you accept the presence of the ICC (as you note that most people do) it is best to work to mold the ICC in its early stages to best reflect your concerns. donzelion Scott - of course the ICC will not "deter" Sudan. What it will do is encourage Sudan to try to hide its complicity. That's unlikely to stop all the violence - but...
25.01.05 | |

25 Oct

if done properly, would serve to displace ICC involvement in Darfur. No differentiation is made between Al-Bashir et al and any other suspects - it's a blanket claim. However what it does say, implicitly, is that unless Sudan takes adequate measures domestically, then yes, ICC should step in. It seems that the report is attempting to tread a fine political line that panders to neither the ICC nor Al-Bashir. The result is that the report seems remarkably impartial and (I fully agree with you on this) the fact that legitimate...
25.10.09 | |