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26 May

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...
26.05.20 | |

26 Nov

In the Wall Street Journal editorial Ken mentions below, Goldsmith and Posner argue — in defense of their thesis that Europeans ignore international law if it is not in their interest to obey it — that “when nations led by Europe created the International Criminal Court (ICC), they purported to limit the Security Council’s power to delay or halt ICC trials, also in disregard of the U.N. Charter, which states that Charter obligations trump the requirements of any other treaty.” That argument misunderstands both the ICC and the UN Charter....
26.11.08 | |

18 Jun

framework to study the Court’s effects on peace, justice, and conflict processes. This framework is applied to two cases: Libya and northern Uganda. Drawing on extensive fieldwork, the core of the book examines the empirical effects of the ICC on each case. The book also examines why the ICC has the effects that it does, delineating the relationship between the interests of states that refer situations to the Court and the ICC’s institutional interests, arguing that the negotiation of these interests determines which side of a conflict the ICC targets...
18.06.16 | |

12 Mar

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...
12.03.19 | |

10 Feb

aspect of her article is Power’s obvious contempt for the Bush Administration, which undercuts her otherwise very persuasive piece. In a very unfair (but effective) phrase, she accuses the Bush Administration of not being able to decide whether it dislikes “genocide” more than the ICC. This is unfair because she is equating opposition to the ICC with condoning genocide. The ICC may be great, but surely Power must concede there are some reasonable objections to the ICC and that one can still want to prosecute genocide while still opposing the...
10.02.05 | |

16 Feb

...to remain in country under witness protection auspices; the ICC itself has very little ability or capacity to safeguard Salikov on its own. The threat to Salikov’s life also means that the ICC must work quickly to preserve its interviews and testimony so that these can be used in later proceedings even if Salikov later becomes unavailable. Conclusion: The ICC has a Historic Opportunity to Advance the Ukraine Investigation and Bring Justice for Wagner Group War Crimes Elsewhere For years the world has watched in horror as the Wagner Group...
16.02.24 | , and |

29 Oct

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,...
29.10.17 | |

02 Oct

...Article 15bis(4), in addition, allows States Parties to opt out of crime of aggression jurisdiction. The former is what prohibits the ICC from investigating and prosecuting the crime of aggression related to the situation of Ukraine. The second has proven less significant to date as only two states have employed the opt out.  To close the resulting jurisdictional gap, GIPA experts have proposed an amendment that would replace paragraphs (4) and (5) of Article 15 bis with the same jurisdictional rules that apply to the ICC’s other core crimes. This...
02.10.23 | |

05 Aug

...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...
05.08.20 | |

03 Jan

...1947 to recommend termination of the British Mandate of Palestine and partition of Palestine between Arabs and Jews (the original two-state solution). Britain planned to terminate control over the Mandate on 15 May, but they obstinately refused to allow the Palestine Commission, which was to assume control of the Mandate until the partition could be practically worked out, to enter into the Mandate before 1 May. Thus, the Commission would have exactly two weeks to prepare to assume control of the Mandate. However, the Mandate was rife with Jewish-Arab conflict....
03.01.09 | |

28 Oct

given the drafters of the Rome Statute’s quite deliberate decision not to give the ICC retroactive jurisdiction. Few Latin American governments would have ratified the Rome Statute if they knew that their actions during the Dirty War would be open to judicial scrutiny. But let’s assume the ICC will recognise continuing crimes. Would that mean the Lago Agrio plaintiffs have a case? It’s an interesting question. As noted above, it’s possible that Chevron’s deliberate pollution of the Lago Agrio region qualified as the crime against humanity of forcible transfer; “forcible”...
28.10.14 | |

23 Dec

...cooperate with any indictments that may be handed down. See http://www.standardmedia.co.ke/InsidePage.php?id=2000024824&catid=4&a=1 And for Henry Kosgey see http://www.nation.co.ke/News/politics/Kosgey%20says%20ready%20to%20work%20with%20ICC/-/1064/1073474/-/clvbgj/-/index.html The Executive Branch has set up a cabinet committee to coordinate with the ICC’s investigation and there is no indication howsoever that the President or Prime Minister would want to protect either Uhuru Kenyatta or Ambassador Francis Muthaura, a close confidant and Secretary to the Cabinet from those prosecutions if they are permitted. There is therefore yet to be an issue of handing anyone to the ICC unlike in Bashir’s case. I think...
23.12.10 | |