Search: palestine icc
26 Nov Dapo Akande on Surrendering Saif — and a Brief Reply
the ICC. However, this is not necesarily so as the ICC can determine admissibility on its own motion (Art. 19(1)) and Art. 89(2) suggests that even in that case the obligation to surrender is suspended. Dapo’s argument relies on the distinction between a ne bis in idem challenge brought by a suspect at the ICC (which would fall under Article 19) and a ne bis in idem challenge brought by a suspect at the national level (which would fall under Article 89(2)). But that distinction seems illusory to me. To...14 Oct Guest Post: Do All Roads Lead to Rome? Why Ukraine Resorts to Declarations Rather than Ratification of the Rome Statute
...to the Rome Statute, the ICC sword cuts both ways. However, if the Ukrainian justice system is able and willing to investigate and prosecute such crimes, the ICC would not have to intervene. Finally, there are some misconceptions regarding the crime of aggression relating to the situation of Crimea. The ICC has no jurisdiction over this crime yet – only after 30 Member States ratify the 2010 Kampala Amendments to the Rome Statute (.pdf) , scheduled for 2017. So far only 24 states have ratified them and the Court’s jurisdiction...26 Feb A Modest Suggestion for the Ukrainian Parliament (Updated)
that judicial functions cannot be delegated to other bodies or officials. The Constitutional Court noted that the jurisdiction of the ICC under the Rome Statute is complementary to national judicial systems. However, under Article 4(2) of the Rome Statute, the ICC may exercise its functions and powers on the territory of any State party, and under Article 17, the ICC may find a case to be admissible if the State is unwilling or unable genuinely to carry out the investigation or prosecution. The Court concluded that jurisdiction supplementary to the...13 Jul The Absurd Military Commissions
was issued; trial began in the military commissions’ first case four years after the detainee was indicted (Hamdan). The ICC’s first sentence was 14 years; the military commissions’ first sentence was seven years, with all but nine months suspended (Hicks). The ICC has brought charges against 28 suspects; the military commissions have brought charges against 13 detainees. The ICC costs $100,000,000 per year; Guantanamo costs $150,000,000 (although some of that is obviously not chargeable against the commissions). If the ICC is absurd, what does that say about the military commissions?...14 Jun US Warming to the ICC
Jess Bavin has another informative piece on the ICC in today’s WSJ, noting the warming trend of the US toward the ICC: That new approach will be on display today, when the ICC’s chief prosecutor reports to the United Nations Security Council on his investigation into alleged war crimes in Darfur. The U.S., which now considers the ICC perhaps the only chance to bring Darfur war criminals to justice, will attend the briefing. U.S. Ambassador John Bolton, for years among the ICC’s harshest critics, will send a deputy. The move...27 Feb Security Council Refers the Situation in Libya to the ICC
notes — that the United States has openly supported; the U.S. abstained from the vote to refer the situation in Darfur. It will be interesting to see what critics of the ICC say about the referral. Conservatives in the U.S. like to complain that ICC investigations undermine peace negotiations and provide dictators with an incentive not to relinquish power; our own Julian has argued precisely that with regard to Darfur. Will they take the same position regarding Libya? And what about the African and Arab states that have so assiduously...25 Jan The ICC and Mainstream TV: A Recent Episode of The Blacklist
because the US is not a party to the ICC. (Venezeula, of course, is). On the other hand, the writers glossed over the fact that “delivering” a high level US government official to the ICC’s front door does not equal a referral – the ICC has the power to determine whether its jurisdictional requirements are met under Arts. 12 & 13 of the Rome Statute. The other creative fiction of the show is that the ICC has an ongoing investigation into US activities (drones, torture, and rendition). In reality, the...23 Jul The Factually Challenged Wall Street Journal Editorial
not party to the ICC. Of course it can. Putting aside a Security Council referral, which is the real object of Rivkin and Casey’s wrath, Article 12 of the Rome Statute gives the ICC jurisdiction over crimes committed by nationals of a non-party State on the territory of a State Party. What’s more, in 2002, the U.N.’s International Court of Justice — a separate institution from the ICC — upheld the notion that a country’s most senior officials could not be prosecuted unless it had given its consent. No, it...17 Aug This Is Why People Think the ICC Is Unfairly Targeting Africa
Snapshot of two days in the life of the ICC. On Tuesday, the ICC issued a new arrest warrant in the Libya situation — for Mahmoud al-Werfalli, a commander in the so-called Libyan National Army (LNA), which defected from the Libyan army during the revolution and is currently vying for power with the UN-backed Government of National Accord (GNA). The arrest warrant represents a new phase in the ICC’s completely unsuccessful investigation in Libya, as it is the first to focus on events that happened after the revolution. There is...