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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 | |

27 Dec

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...
27.12.08 | |

13 Apr

...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”...
13.04.21 | |

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 | |

13 May

[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...
13.05.12 | |

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 | |

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 | |

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 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 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 | |