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...experience completing his education in the camp. He emphasised his desire to return to his homeland in Darfur, to no longer be stateless, and to obtain justice and reparations for what happened to him. It was clear that his wishes could not be fulfilled as long as the current conflict continues. The Impact of the Current Conflict on the ICC Proceedings on Darfur  The current conflict has directly impacted the ongoing ICC investigations and cases in Darfur in multiple ways. First, as described above, it has directly impacted the participating...

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...

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?...

...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...

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...

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...

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...

[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,...

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...

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...

...should go without saying. Given several states’ disregard of ICC arrest warrants for Netanyahu and Putin, however, it bears stating that for international justice to be effective, including for LGBTQI+ victims, states must honor all ICC warrants. The ICC, however, is just one of the tools the international community should use to hold the Taliban accountable and support LGBTQI+ Afghans. Potential uses of universal jurisdiction should be also explored. In addition to robustly supporting the UN Special Rapporteur on Afghanistan’s mandate, states should create an independent international investigative mechanism to...

Art. 16 and preclude ICC jurisdiction. Finally, Art. 17 of the ICC statute requires “complementarity.” That means if a local or national investigation or prosecution of the conduct at issue is taking place, the Court is prohibited from exercising its jurisdiction. The only exception is where the state is “unwilling of unable” to exercise the jurisdiction. The US military investigations into and subsequent prosecutions of abuses at Abu Ghraib under the Uniform Code of Military Justice, for example, would likely trigger Art. 17 and halt effective jurisdiction of the ICC....