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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...18 Jun Mark Kersten’s New Book on the ICC
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...
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...10 Feb Opposition to the ICC Equals Condoning Genocide?
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...
16 Feb Prosecuting Wagner Group War Crimes at the International Criminal Court? A Procedural Perspective
...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...29 Oct A Dissenting Opinion on the ICC and Burundi
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,...
02 Oct Amending the Kampala Amendments: A Proposal to Harmonize the ICC’s Jurisdiction
...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...01 Dec Kenya and the ICC
...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...
21 May Delivering the ICC Vision Through Deeds not Words: An Interview with Karim Khan QC
...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...
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...