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27 Apr Japan to Join the ICC in October
island)? "The ICC needs a state that projects power independently or has regional responsibilities" The EU perhaps... Most of the EU members are parties to the Rome Statute. Daniel Graeber The ICC has no authority over anything unless a soveriegn state allows it to or requests its assistance. It's a tool for the states, so I would debate whether the ICC 'needs' anything, as it would be more accurate to say that the states need the ICC. All this talk of Abe and the ICC and no talk of brothels?...
05 Jun Symposium on Reproductive Violence in International Law: Legal Recognition of Children Born of Conflict-Related Sexual Violence in International Criminal Law
...been registered or provided with birth certificates. Lack of identifying information could hinder participation in the ICC judicial process as victims or witnesses and impede access to ICC-specific reparations. Conclusion The revised ICC Policy on Children aims to reflect childrens’ experiences in the cases before the court. To ‘prioritise crimes against and affecting children’ and ‘increase children’s access to justice’, to bring them ‘one step closer to the effective remedies, reparations, and accountability they deserve’. This shift in prosecutorial strategy should also encompass the neglected constituency, the children born of...25 Jul President Bashir in Chad: Enough Failure to Go Around
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...16 Nov John Bellinger Responds to My Post
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...
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...23 Apr The U.S. Relationship with the ICC Blossoms into a Love Affair?
conservatives who can still muster 40 plus votes in the Senate (and may get more soon). As Kaye notes, there is no prospect of U.S. ratification of the ICC Rome Statute now or in the foreseeable future. And the Palestine investigation that Kevin mentions below is going to return the ICC to the U.S. Congress’ attention in the context of Israeli relations, which is the absolute worst context for the ICC. I would say the ICC’s only hope of US ratification one day lies in a slow cultural change. Perhaps...
21 Aug Emerging Voices: What Colombia’s FARC Peace Deal Teaches the ICC About Its Complementarity System.
[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,...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...
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...09 Jun The ICC in Film: The Hitman’s Bodyguard
[Melanie O’Brien is Senior Lecturer in International Law at the UWA Law School, University of Western Australia; and an affiliated researcher of the Asia-Pacific Centre for the Responsibility to Protect, University of Queensland.] Followers of Opinio Juris well know Kevin Jon Heller’s criticism of Crossing Lines and its portrayal of the ICC. I recently watched the action-comedy The Hitman’s Bodyguard, a film that includes an ICC-related storyline, and it certainly opens itself up to some well-deserved criticism about its portrayal of the ICC. The storyline of The Hitman’s Bodyguard is...