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11 Mar The Libya Crisis and the ICC
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...25 Nov The ICC Can Get Its Hands on Gaddafi
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...
30 Aug Symposium on Myanmar and International Indifference: The Slow Turning Wheels of Justice – Even for Genocide
...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...
24 Jan Landmark ICC Arrest Warrant Application Seeks to Hold the Taliban Accountable for Homophobic and Transphobic Persecution
...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...
29 Mar Tracking State Reactions to the ICC’s Arrest Warrant against Vladimir Putin
...in full. Vieira said (my translation): “This is an issue that has to be examined in light of the established process. I personally have no knowledge of it and have not seen it. Brazil is a party to the ICC and we respect and follow it. Not every country is part of the ICC so it does not have total/global reach – it is limited. We need to understand its terms better, we do not have a fixed position on this. Putin’s presence in any member country can lead to...20 Nov Decision Time for Libya and the ICC
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...21 Apr Ugly Infighting at the ICC
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...28 Aug Guest Post: Malaysia Airlines Flight MH17–Possible Legal Avenues for Redress (Part 2)
...under Article 12(2), unless Ukraine accepts ICC jurisdiction on an ad hoc basis under Article 12(3). Ukraine has already made such an Article 12(3) declaration on 17 April 2014, accepting ICC jurisdiction over crimes committed within its territory. However, this declaration is temporally limited to the period between 21 November 2013 and 22 February 2014. Nevertheless, Ukraine may choose to make a further Article 12(3) declaration which does cover the events of 17 July 2014, accepting ICC jurisdiction over the downing of MH17. Again, this would depend on Ukraine’s political...22 Dec Scott Horton’s Odd Comment About the ICC
and Casey, whose knowledge of the ICC could fit comfortably on the head of a pin. And indeed, Scott’s comment seems misguided in a number of important respects. To begin with, many of the world’s “great powers” have agreed that the ICC can indeed be a forum for “enforcement of the laws of war” against them: the UK, France, Germany, Japan. To be sure, those countries would be less than thrilled if the ICC prosecuted one of their nationals — but there is no evidence whatsoever that they would abandon...05 Apr NYU JILP Symposium: Response to the Commentary on Policing International Prosecutors
...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...