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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 | |

13 Jul

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?...
13.07.12 | |

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 | |

26 Nov

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...
26.11.11 | |

14 Jun

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...
14.06.06 | |

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 | |

14 Oct

...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...
14.10.15 | |

25 Jul

Nada cases in Europe). Second, it raises issues of how the ICC and Security Council and its subsidiary bodies cooperate. The ICC – UN Relationship agreement is a framing instrument here, as is Part IX of the ICC statute on cooperation. That said, the absence of a general policy at the UN to designate individuals on sanctions lists (where a relevant sanctions regime exists) is striking. The most high profile (read: political) example of that involves Omar Al-Bashir – despite an outstanding ICC arrest warrant against him, ongoing sanctions regime...
25.07.14 | |

26 Feb

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...
26.02.14 | |

23 Jul

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...
23.07.08 | |

25 Jan

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...
25.01.16 | |

17 Aug

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...
17.08.17 | |