Search: palestine icc

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 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...

...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...

control of the assets following their seizure, as demonstrated by the ability of Chambers to order, for example, the partial unfreezing of Mr. Bemba’s assets when deemed necessary. This was consistent with the understanding of the States, and the cooperation between them and the ICC. The responsibility assumed by the ICC for the frozen assets reflects international practice; it is the issuing party and not the state on whose territory the assets are found that is liable and responsible for their preservation. 141. Internal ICC documents also demonstrate that the...

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...

...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...

[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...

...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...

election violence and to cooperate with the ICC “within the framework of the Rome Statute and…[Kenya’s] International Crimes Act.” Thus, Kenya avoided having to refer the investigation and possible prosecution of post election violence suspects to the ICC under Article 14 of the Rome Statute. It seems neither Kibaki nor Raila wanted to take the political heat from their respective inner circles of having surrendered the fate of some of their most senior cabinet members to the ICC. Thus, the ICC will serve for Kenya, the role of conducting perhaps...

...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...