In association with the International Commission of Jurists

Search: palestine icc

24 Jan

...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...
24.01.25 | and |

30 Aug

...the ICC and surrender persons subject to ICC arrest warrants. The NUG has lodged a declaration with the ICC accepting the jurisdiction of the ICC. However, whether the NUG ever takes over as government, or is recognised as the legitimate government of Myanmar remains to be seen. The greatest deterrence is certainty of apprehension and the related certainty of punishment. The slow pace of investigations and cases and unlikely surrender of perpetrators from non-state parties mean there is little to no certainty of apprehension and subsequent punishment, and thus perpetrators...
30.08.22 | |

21 Apr

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...
21.04.12 | |

05 Apr

...to address briefly several key points raised by the commentators.   1) The balancing approach and the ICC’s competing purposes In the article, I argue that the ICC pursues multiple and sometimes competing goals—protecting defendants’ rights, promoting respect for the rule of law, holding perpetrators of international crimes responsible, and establishing a record of the atrocities. While the first two goals generally tend to favor stricter remedies for prosecutorial misconduct, the last two goals call for a more tempered approach. Meg deGuzman agrees that the balancing approach is necessary to...
05.04.13 | |

11 Mar

Although I support the Security Council referral of the Libya situation to the ICC, I do not have any degree of confidence that the ICC referral has not altered Moammar Qaddafi’s negotiating or fighting posture at this time. I have no idea whether Qaddafi’s state of mind (if you can even refer to it in normal psychology terms) has or has not been altered by the ICC referral. And whether Qaddafi himself says it has been or not would obviously be completely unreliable. On the other hand, I don’t think...
11.03.11 | |

21 Jun

...investigations of the ICC. It wished the Security Council to hold the sole trigger to commence investigations. When that was rejected by the overwhelming number of nations in Rome, it turned its back on the ICC. OJ: What is your assessment of their current work? RG: It is still too early to judge the current work of the ICC. OJ: Is it a coincidence that the only referrals to date have been on questions relating to conflicts in Africa? RG: I suppose it is a coincidence that the first four...
21.06.05 | |

21 Feb

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....
21.02.05 | |

04 Nov

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...
04.11.09 | |

25 Nov

to try Saadi impartially, then they have primary jurisdiction. For the ICC to embark on a prosecutorial campaign against Saadi merely because Niger has expressed a willingness to transfer his would be tantamount to child's play. The ICC is desperately vying for increased legitimacy and cooperation; to prosecute a Saadi, who is likely only limitedly culpable for war crimes, would be hinder the progress of the ICC. Not to mention, this prosecution raises serious questions about sovereignty and jurisdiction, as Libya has repeatedly stated that they desire and intend to...
25.11.12 | |

23 Jul

the VCLT and the ICTY/R jurisprudence. There is clearly a basis for bringing in the jurisprudence of the ICTY/R, and the ICC has shown willingness to engage this jurisprudence and to give principled reasons where it departs (e.g., witness proofing). [See Volker Nerlich, “The Status of ICTY and ICTR Precedent in Proceedings before the ICC” in Stahn/Sluiter (eds), The Emerging Practice of the ICC]. However, one aspect which is often not given sufficient consideration is the significant impact of the ICC’s perception of its own legitimacy on this process. An...
23.07.13 | |

05 Nov

but the Prosecutor’s announcement illustrates the urgency of the US finally taking this seriously. As a US national and a supporter of the ICC, I don’t really want to see the US locked in a showdown against the ICC. Yet, past experience (the misnamed American Servicemember Protection Act, bilateral immunity agreements, legislation allowing US forces in invade The Hague to liberate Americans in ICC custody) suggests such a confrontation is quite possible. Such an approach would not well serve either the ICC or the US, as it would amount to...
05.11.17 | |

30 Sep

...Mahdi Al Faqi to the ICC however, challenges us to rethink our conception of war crimes to include the broader, but often forgotten concept of cultural destruction. It also serves as a positive example of domestic cooperation with the Court as it was Niger who transferred Mr Al Faqi to the Court. Mr Al Faqi is suspected under Article 8 (2) (e) (iv) ‘of committing war crimes in Timbuktu between 30th June and 10th July 2012, through ‘intentionally directing attacks against buildings dedicated to religion and or historical monuments’. Specifically,...
30.09.15 | |