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08 Apr

...Prosecutor do to improve the ICC’s investigation techniques? Bring on experienced investigators who are following a realistic, well thought out, and politically sensitive investigation. 6. Should the next Prosecutor address the Africa-ICC relationship? If so, how? Traveling the continent seeking perspectives and views on how the ICC and Africa can work together. Showing respect and interest in a mutually supported plan for justice with a focus on regional efforts would go a long way to repair a shattered relationship. 7. How do we assess the Prosecutor’s performance? In an annual...
08.04.20 | |

02 Apr

...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...
02.04.21 | |

24 Nov

states from as many of the ICC’s five regional groupings as possible, and prioritization of those states that have nominated multiple candidates to the bench.” OSJI conducted desktop research and primary source interviews from January to May this year and spoke to a variety of relevant actors including ICC judges (current and former), ICC staff, civil society organisations, government representatives, former members of the Advisory Committee on the Nominations of Judges. The process for electing judges for the ICC is, in short, as follows: candidates must be nominated by a...
24.11.19 | |

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 | |

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 | |

26 Mar

...Working Group would permit either the General Assembly or the ICJ to trigger the ICC’s jurisdiction if the Security Council fails to act. The US position is also, of course, a political non-starter. There are only five countries in the world who would be happy conditioning the ICC’s jurisdiction on the Security Council determining that an act of aggression has taken place — the five members of the Security Council with a permanent veto. The ICC would be better off not having jurisdiction over aggression than allowing the P-5 to...
26.03.10 | |

24 Jan

David Bosco has an important post at The Multilateralist today reminding people that Palestine does not have to ratify the Rome Statute for the ICC to be able to investigate the situation in the West Bank and Gaza. As David notes, because Palestine has filed a declaration under Article 12(3) accepting the Court’s jurisdiction on an ad hoc basis, the Prosecutor already has the authority to initiate an investigation, should she so choose. That said, it still matters — at least formally — whether Palestine takes advantage of its newly-recognized...
24.01.13 | |

03 Dec

...would be reluctant to engage the ICC either as a party or ad hoc, not to mention the political will of the ICC to take up any investigation, particularly in the face of undoubted U.S. hostility. Still, it seems to me that the U.S. policy here of denying certain constitutional rights to detainees extraterritorially operates in some tension with the U.S. policy to limit the circumstances in which U.S. forces would be subject to ICC jurisdiction. The more the U.S. emphasizes GTMO’s outside the United States’ territorial sovereignty, the more...
03.12.07 | |

20 Jan

off, though, with a second declaration that looked back to 2004. There would be no conflict between the judiciary and the OTP if the judges refused to conclude that Palestine was a state when Arafat died; on the contrary, the OTP seems to believe that Palestine was not a state — at least for purposes of ICC membership — until the UNGA upgraded its status. Moreover, the judges can’t exactly relish having to determine not only when Palestine became a state, but also the proper test for making that determination....
20.01.15 | |

04 May

...1993 in respect to the return of persons displaced by the 1967 war. Israeli leaders routinely claim that repatriating even one of those refugees would cross an imaginary red line. I predict Hamas will continue to insist upon their right of return. RE: As for the “Jewish state” issue, let me point out that Palestine’s constitution defines it as a Muslim state. Yes, but it explicitly stipulates: "Article 4(1) Islam is the official religion in Palestine. Respect for the sanctity of all other divine religions shall be maintained. ...Article 9...
04.05.15 | |