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Search: palestine icc

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 | |

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 | |

01 Aug

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...
01.08.25 | |

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 | |

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 | |

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 | |

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 | |

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 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 | |