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25 Jul

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...
25.07.10 | |

16 Nov

John has kindly agreed to let me post his private response to my previous post about his speech at the Fletcher School. Before I do, though, I want to reiterate how important it is to not let the US’s refusal to join the ICC blind us to the many significant contributions the US has made, and continues to make, to international criminal justice — and that includes the ICC. I’ll just mention two ICC contributions here. First, the Elements of Crimes exist only because the US insisted on them. Those...
16.11.08 | |

29 Sep

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...
29.09.22 | |

21 Aug

[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,...
21.08.19 | |

29 Jun

...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...
29.06.23 | |

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 | |

05 Aug

...is one of the most unregulated areas of law. There is a legal lacuna during the extradition or surrender process. The suspect or accused may be placed in a legal vacuum during transfer. The current lack of international customary law on inter-jurisdictional ne bis in idem is problematic. The ICC mechanism could have served as a model for due process in such inter-jurisdictional criminal justice procedures. However, it seems that the ne bis in idem rule before the ICC was not designed with that goal in mind. Gaiane, however, does...
05.08.25 | |

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 | |

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 | |

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 | |

20 Nov

Mark Kersten With today's visit by Prosecutor Moreno-Ocampo to Libya it does appear that an ICC trial in Libya is an option that will be discussed. Kevin has suggested he supports this idea as have David Kaye and Stewart Ford. I added my voice in support as well. More importantly, however, the ICC itself appears to be inclined to support the notion and has suggested so publicly (http://wp.me/p1n0fE-w0). The question, it seems, is whether the ICC is restricted, in this instance to an agreement which allows it to run proceedings...
20.11.11 | |

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 | |