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22 Oct

the ICC particularly after the AU issued a resolution last July instructing its members not to cooperate with the Hague tribunal in apprehending Bashir. But Mbeki appeared to distance himself from the position of the pan-African body in his report seen by Sudan Tribune. “The ICC is a ‘court of last resort’ as well as of limited practical capacity: it can only target a few people for prosecution. Indeed, conscious of its limited resources, the Prosecutor of the ICC has adopted a policy of focusing only on those few who...
22.10.09 | |

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 | |

17 Aug

the internal law of the ICC Statute which the ICC must comply with, given that, for the reasons set out above, treating the NUG as the government of the State of Myanmar is consistent with all the different relevant areas of international law and, indeed, a sui generis rule of international law adopting such treatment as a legal norm that may well have been established, the object and purpose of the Statute, to end impunity, requires the ICC to accept the Declaration as valid for the purposes of Article 12(3)....
17.08.22 | |

22 Jul

...humanity, representing 2.2 percent of all accused. This is in sharp contrast with the pattern at the ICC before which, at the time the article was written, 11 out of 30 accused were charged only with crimes against humanity in the Kenya, Libya and Côte d’Ivoire cases, representing a stunning 36.7 percent of all accused. Turning to a more normative and qualitative assessment of the data, the article postulates that the increase in “CAH only” cases at the ICC is to be expected because the ICC is a permanent court,...
22.07.13 | |

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 | |

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 | |

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 | |

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 | |

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 | |

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 | |

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 | |