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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...

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...

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...

on to say that, now that the UN General Assembly had made its determination that Palestine is a state, “the ball is now in the court of Palestine”, “Palestine has to come back” and “we are waiting for them”. While she said, unsurprisingly, that any new application would have to be considered, there was no ambiguity or suspense as to the result of the requisite consideration. It was clear that, in her eyes, ICC membership for the State of Palestine was Palestine’s for the asking. There was even a hint...

...on the silence of the ICC on the Sudan war. Media Reporting on the Israel-Palestine War For this conflict, I have chosen three major events which include:  7 October 2023 Hamas attack and Israel retaliation  The South Africa ICJ case against Israel  The ICC seeking arrest warrants for Israeli PM Benjamin Netanyahu and top Hamas leader 7 October 2023: Hamas Attack and Israel Retaliation Country News Reported Reporter Reported/Not Reported Kenya Citizen TV Reported  KTN News Reported  NTV Kenya Reported  South Africa News24 Reported  SABC News Reported  Daily Maverick Not...

conservatives who can still muster 40 plus votes in the Senate (and may get more soon). As Kaye notes, there is no prospect of U.S. ratification of the ICC Rome Statute now or in the foreseeable future. And the Palestine investigation that Kevin mentions below is going to return the ICC to the U.S. Congress’ attention in the context of Israeli relations, which is the absolute worst context for the ICC. I would say the ICC’s only hope of US ratification one day lies in a slow cultural change. Perhaps...

...Order deemed a national emergency and threat to national security. Whilst the Executive Order only mentions the situation in Afghanistan and the risk of prosecution of U.S. military personnel, the United States has expressed concerns and disagreement with the decision of the ICC to pursue its investigation into the situation involving Israel and Palestine. Despite the Biden Administration’s focus on human rights and foreign policy, the sanctions against the ICC personnel remain in place. This means, at the most basic level, personnel are subject to travel bans and have restrictions...

...of the ICC’s effectiveness. The perceived duty to legislate, investigate and prosecute ICC crimes has similarly placed the Rome Statute at the textual heart of accountability discussions, with less attention paid to other forms of criminal conduct. Thus, while complementarity might have initially encouraged some of the plural approaches more commonly associated with transitional justice, a de facto form of ICC primacy has instead taken root.” Could this approach have stunted other processes that could have provided some accountability reparation and catharsis for victims of the Post- Election violence? Some...

states from as many of the ICC’s five regional groupings as possible, and prioritization of those states that have nominated multiple candidates to the bench.” OSJI conducted desktop research and primary source interviews from January to May this year and spoke to a variety of relevant actors including ICC judges (current and former), ICC staff, civil society organisations, government representatives, former members of the Advisory Committee on the Nominations of Judges. The process for electing judges for the ICC is, in short, as follows: candidates must be nominated by a...

[Andrew Clapham is Professor of International Law at the Geneva Graduate Institute and the author of “Human Rights: A Very Short Introduction and War“.] The arrest warrants issued by the International Criminal Court (ICC) for Vladimir Vladimirovich Putin and Maria Alekseyevna Lvova-Belova have generated a lot of talk about the absence of any obligation on Russia to comply due to Russia not being a party to the Statute of the ICC. In addition, we have seen a secondary debate about the personal immunity of a head of state from a...

...immunity before international courts in recent years were the ICC’s findings that certain State Parties to the Rome Statute that created the ICC breached their duty of cooperation by failing to arrest Omar al-Bashir when he visited their territories.  Al-Bashir, like Putin, was at the time the sitting head of state (and head of government).  Sudan, like Russia, was not and is not a State Party to the ICC.  Putin’s visit to Mongolia and al-Bashir’s visits to several State Parties both raise the question of cooperation with the Court, but...

election violence and to cooperate with the ICC “within the framework of the Rome Statute and…[Kenya’s] International Crimes Act.” Thus, Kenya avoided having to refer the investigation and possible prosecution of post election violence suspects to the ICC under Article 14 of the Rome Statute. It seems neither Kibaki nor Raila wanted to take the political heat from their respective inner circles of having surrendered the fate of some of their most senior cabinet members to the ICC. Thus, the ICC will serve for Kenya, the role of conducting perhaps...