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05 Aug Complementarity, Catalysts, Compliance Symposium: A View from Kenya
...of the ICC’s effectiveness. The perceived duty to legislate, investigate and prosecute ICC crimes has similarly placed the Rome Statute at the textual heart of accountability discussions, with less attention paid to other forms of criminal conduct. Thus, while complementarity might have initially encouraged some of the plural approaches more commonly associated with transitional justice, a de facto form of ICC primacy has instead taken root.” Could this approach have stunted other processes that could have provided some accountability reparation and catharsis for victims of the Post- Election violence? Some...
25 Apr We Need to Talk About Grave Breaches of the Geneva Conventions
[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...
12 Mar Bim, Bam, Bem-Boom!
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...
24 Nov A look at OSJI’s “Raising the Bar: Improving the Nomination and Selection of Judges at the International Criminal Court”
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...
02 Apr A Powerful Tool for Human Rights, Wrongly Used Against the ICC: The Actual Impact of Sanctions
...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...
08 Apr ICC Prosecutor Symposium: The Chief Prosecutor: Diplomat, Politician, Leader, Manager, and Lawyer
...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...
19 Sep What Does Mongolia’s Failure to Arrest Putin Mean? Integrity and the War on International Law
...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...05 Nov Kenya’s Post-Election Violence: Case Headed to the Hague
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...