Search: palestine icc

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...

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...

...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...

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...

...Prosecutor do to improve the ICC’s investigation techniques? Bring on experienced investigators who are following a realistic, well thought out, and politically sensitive investigation. 6. Should the next Prosecutor address the Africa-ICC relationship? If so, how? Traveling the continent seeking perspectives and views on how the ICC and Africa can work together. Showing respect and interest in a mutually supported plan for justice with a focus on regional efforts would go a long way to repair a shattered relationship. 7. How do we assess the Prosecutor’s performance? In an annual...

...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...

[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...

a background of colonial and neocolonial violence, postcolonial critique, and enduring inequalities of international power. Clarke’s intervention is the culmination of years of qualitative multisited research that tracked the workings of the ICC through a wide range of its prosecutorial activities, from The Hague to its ongoing field investigations against different African heads of state and senior government officials. At the same time, and perhaps even more important, Affective Justice approaches the status of the ICC in Africa from an innovative perspective. Instead of viewing the ICC through the lens...

...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...

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...

...he was going to do about it. The meeting had been convened to check the status of the ICC ratification by the member countries. Meanwhile, the Kenya National Commission on Human Rights, on Tuesday said it had submitted its report on post-election violence to the ICC and pledged to help the court to prosecute the suspects. Mr Sirma told the Nation: “I asked Mr Moreno-Ocompo whether he had received the list from Kenya but he said that was a matter between the ICC and Mr Annan. However, he said they...

...but also to drive reform where this is necessary.” I note that as an ICC defence lawyer, and even though he has not practised at the ICC for five years, Khan has still represented more defendants than any other lawyer. Yet, I suggest, ‘crossing the floor’ will represent a challenge for Khan because in defending his clients, he has had cause to criticise the investigations and conduct of the very office he will now be heading up, for example in the Ruto case where he said in his opening statement...