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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 | |

23 Apr

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...
23.04.13 | |

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 | |

30 Aug

...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...
30.08.22 | |

22 Apr

...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...
22.04.26 | |

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 | |

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 | |

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 | |

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 | |

25 Nov

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...
25.11.12 | |