Search: palestine icc

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...

...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...

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...

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...

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...

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...

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...

notes — that the United States has openly supported; the U.S. abstained from the vote to refer the situation in Darfur. It will be interesting to see what critics of the ICC say about the referral. Conservatives in the U.S. like to complain that ICC investigations undermine peace negotiations and provide dictators with an incentive not to relinquish power; our own Julian has argued precisely that with regard to Darfur. Will they take the same position regarding Libya? And what about the African and Arab states that have so assiduously...

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...

...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...

a legal duty to cooperate with the Court’s inquiry even after the State Party has left the Court, and (2) the State Party’s departure cannot prejudice the Court’s “consideration of any matter” that was already underway before departure. The “Court” in the Rome Statute refers to the entire ICC, including the Prosecutor, and not just the judges. I disagree. There is no question that “the Court” sometimes refers to “the entire ICC,” such as when the Rome Statute is referring generically to the ICC’s location or international legal personality. Indeed,...

[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...