Search: palestine icc
08 Dec African Withdrawals Mask the Real Issue at the Assembly of States Parties 15
the ICTY and ICTR and now their move to the MICT. In contrast, as the ICC has 124 States Parties, and is involved in ten different situations, the ‘start-up costs’ that these other Courts faced are borne by the ICC each time it begins work in a new situation, including field costs, interpretation and translation costs. Second, neither the ICTY nor the ICTR provided any opportunity for victims to present their testimony before the Tribunal outside of serving as a witness. The much broader role for victims at the ICC,...
30 Jul Symposium on Unbroken Bond: Tracing the Ties Between African and Palestinian Anti-Colonial Struggles – Chains of Oppression: The Interconnected Struggles for Justice in Palestine, Kashmir and Sudan
Sudan. Insights from revolutionary thinkers like Edward Said, Arundhati Roy, and Frantz Fanon highlight the necessity for transnational solidarity in anti-colonial resistance. Through an examination of these regions, this post uncovers how enduring colonial legacies and modern geopolitical manoeuvres perpetuate cycles of oppression, revealing the need for a unified, informed approach to achieving global justice. Parallels in Oppression The conflicts in Palestine, Kashmir and Sudan are shaped by the overlapping influences of historical injustices and modern geopolitical agendas, leading to prolonged struggles for justice and self-determination. In Palestine, over half...
19 Aug To Recognize or Not to Recognize – is That Really the Question? On State Recognition Amid Genocide
...Palestine, around 75% of the UN General Assembly. The State of Palestine is party to a number of treaties, including the Rome Statute. Yet, the genocide and annexation are not simply ongoing, they are accelerating. Would the opposite of that then mean that if, miraculously, Israel stopped its genocide in Gaza and annexation of the West Bank, the UK would not recognize Palestine? What is peculiar about the UK’s use of state recognition as a proverbial stick (and a floppy one at that) against Israel is its sidelining of actual...14 Mar Israeli Law Firm Wants the ICC to Investigate the PA and Hamas
...leaders, an Israeli lawyer, Mordechai Tzivin, was the first to strike, filing a complaint and request for an investigation. The request is unprecedented not only because it involves the Israeli-Palestinian conflict and is against “Palestine” as a state and its leaders such as Abbas and nine Hamas members, but also because it is filed by an individual law firm as opposed to by a state. Generally speaking, the ICC can only hear cases filed by states. However, as the Tzivin wrote in his request to Bensada, the ICC prosecutor has...
25 Jul A Historic Chance Missed: Harmonization of the ICC’s Jurisdiction over the Crime of Aggression Delayed Once More
[Arne Bardelle is a senior legal advisor at the European Center for Constitutional and Human Rights (ECCHR). ECCHR has supported the reform process and is among the over 80 co-signatories of the Joint Civil Society Statement calling for harmonization of the ICC’s jurisdiction over the crime of aggression with that of the other three core crimes.] The commendable efforts to enable the International Criminal Court (ICC) to effectively prosecute the crime of aggression have, for now, stalled. On 9 July 2025, during a Special Session in New York, States Parties...04 Nov A Response to Sasha Greenawalt by Mark A. Drumbl
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...
05 Aug Symposium on The Principle of ne bis in idem in International Criminal Law: Inter-jurisdictional Rules in the Rome Statute
...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...
29 Sep Gender Persecution Again a Focus for ICC in the Said Trial
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 Jun ICC Landmark Trial: History Seems to Be Repeating Itself For Victims of Darfur Crimes
...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...