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...
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....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,...
01 Aug ICC ratione loci Jurisdiction for Belarus: The Bangladesh/Myanmar Blueprint
certain elements of the alleged crimes had been committed in the territory of Lithuania itself, which is a State Party. It is well-established that the ICC has jurisdiction when a crime is committed in the territory of a State Party or when the perpetrator is a national of a State Party. But does the ICC have the territorial jurisdiction over crimes that are conducted on the territory of a non-State Party, and if so, what are the conditions required to establish said jurisdiction? Establishing ratione loci jurisdiction of the ICC...
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...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...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”...