Search: palestine icc
18 May The Unhelpful International Criminal Court
Last year, there was lots of grousing on this blog and elsewhere about U.S. objections to an ICC referral for Sudan. Kenneth Roth of Human Rights Watch, among others, claimed that an ICC referral “would start saving lives tomorrow.” The U.S. relented and … the brutal, genocidal war continues largely unabated. Yup, those Sudanese militias are really holding back in fear of an ICC indictment. Meanwhile, the ICC (unwisely supported by the U.S. and the U.K.) appears to be a key obstacle to ending an equally brutal (but maybe not...27 Apr Japan to Join the ICC in October
island)? "The ICC needs a state that projects power independently or has regional responsibilities" The EU perhaps... Most of the EU members are parties to the Rome Statute. Daniel Graeber The ICC has no authority over anything unless a soveriegn state allows it to or requests its assistance. It's a tool for the states, so I would debate whether the ICC 'needs' anything, as it would be more accurate to say that the states need the ICC. All this talk of Abe and the ICC and no talk of brothels?...
05 Jun Symposium on Reproductive Violence in International Law: Legal Recognition of Children Born of Conflict-Related Sexual Violence in International Criminal Law
...been registered or provided with birth certificates. Lack of identifying information could hinder participation in the ICC judicial process as victims or witnesses and impede access to ICC-specific reparations. Conclusion The revised ICC Policy on Children aims to reflect childrens’ experiences in the cases before the court. To ‘prioritise crimes against and affecting children’ and ‘increase children’s access to justice’, to bring them ‘one step closer to the effective remedies, reparations, and accountability they deserve’. This shift in prosecutorial strategy should also encompass the neglected constituency, the children born of...21 Apr Ugly Infighting at the ICC
to the interests of the Libyan authorities,” Keita wrote in a court filing. “It might also be appropriate for the ICC Prosecutor to consider recusing himself from the case.” [snip] Ocampo earlier had suggested to judges that, as Gaddafi had not formally requested a lawyer during a meeting in March with an ICC defence official, Keita be removed from the case. Judges said no to that one, too, but they have still to make up their minds what to do about a case that is fast spiralling into a major...22 Dec Scott Horton’s Odd Comment About the ICC
and Casey, whose knowledge of the ICC could fit comfortably on the head of a pin. And indeed, Scott’s comment seems misguided in a number of important respects. To begin with, many of the world’s “great powers” have agreed that the ICC can indeed be a forum for “enforcement of the laws of war” against them: the UK, France, Germany, Japan. To be sure, those countries would be less than thrilled if the ICC prosecuted one of their nationals — but there is no evidence whatsoever that they would abandon...
29 Sep Gender Persecution Again a Focus for ICC in the Said Trial
and in doing so he was ‘well aware of the discriminatory targeting of perceived supporters’ (Pre-Confirmation Brief [91]). It is this ‘implicit and explicit approval of the crimes’ which the Prosecution is so far relying on to make Count 7 (Pre-Confirmation Brief [250]). Increased Attention to Gender Persecution in ICC Cases This is the third ICC trial that gender-based persecution has been alleged by the Prosecution and confirmed by a Pre-Trial Chamber. The two other cases, that of The Prosecutor v. Al Hassan Ag Abdoul Aziz Ag Mohamed Ag Mahmoud...
21 Aug Emerging Voices: What Colombia’s FARC Peace Deal Teaches the ICC About Its Complementarity System.
[Camila Teran is a lawyer with a LLB in Law and a LLM in International Criminal Law, both from the University of Sussex.] The ICC’s current crisis bears witness to the contentious relationship between the Office of the Prosecutor of the ICC (OTP) and States. The OTP’s progress is further frustrated by the small window triggering the admissibility phase that would allow the Prosecutor to formally investigate Colombia. The “Colombian situation,” focused on the prosecution of FARC militaries and paramilitaries through the Special Jurisdiction for Peace (SJP) Tribunal,...25 Jul President Bashir in Chad: Enough Failure to Go Around
March 2009. Perversely or tellingly depending on one’s perspective, the visit comes just over a week after a July 12th pre-trial chamber ruling which led to a second ICC arrest warrant being issued for Bashir, this time for genocide. Dov Jacobs has an interesting discussion on whether Chad is legally obligated to arrest Bashir. Jacobs argues that, contrary to media claims that the ICC warrant in and of itself requires Chad to arrest Bashir, the ICC must request Chad’s cooperation under art. 89 of the Rome Statute and that the...04 Nov A Response to Sasha Greenawalt by Mark A. Drumbl
institutions (namely, whether created by international treaty or Security Council resolution), the role of their chief prosecutors is much more about politics than it is about law. Although Sasha is right that the ICC may involve legal actors implementing legal rules, I would add that in this process the ICC often acts as a political actor implementing policy. Furthermore, the ICC represents the zenith of liberal legalism as a response to terrible communal violence. In this regard, and to crudely paraphrase Cardozo, the ICC is a creative project, not a...