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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...
26 May Affective Justice Symposium: “Recontextualizing Justice through Affect, History, and Biopolitics”
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 Nov Why the Creation of the ICC Does Not Support Goldsmith and Posner’s Thesis
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....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...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...
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...
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...