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,...21 Nov A (Partially) Dissenting View on the US “Observing” the ICC Review Conference
to join the ICC in the near future (if ever). But increased US engagement with the Court can have significant benefits for both parties. That said, it is important to emphasize that the US’s new “Observer” status is not without its drawbacks. The US has not abandoned its basic objections to the ICC — the independent prosecutor, automatic jurisdiction over crimes committed on the territory of a State Party, no formal Security Council control over the ICC’s docket, etc. — despite the fact that they are non-starters for the Assembly...
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...
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...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...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...
22 Apr Juntos: The Lusophone Community’s Unfinished Business in International Criminal Law
...in domestic law. Cooperation with the Court — arrest and surrender, the transmission of evidence, the enforcement of sentences — requires its own legislative framework. A state that has ratified but not legislated cannot honour its basic commitments. The Rome Statute’s complementarity principle makes this concrete: for victims in Lusophone states, the absence of implementing legislation means the complementarity principle offers no realistic domestic recourse — and no guarantee that the ICC’s own jurisdictional reach will fill the gap. The goal is not simply to avoid ICC intervention — it...
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...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...