Search: palestine icc
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...21 Jun Richard Goldstone: The Opinio Juris Interview
...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...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...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...21 Feb US Troops in Iraq: Likely out of Reach of the ICC
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....
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...
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...
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,...