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06 Aug

is the way that it attempts to use the Libyan government’s illegal detention of Melinda Taylor and her team as grounds for removing the OPCD from the case. I can’t cut-and-paste the relevant paragraphs — thanks, Registry! — so I’ll summarize them: 8. This paragraph points out that Taylor and her team were detained because the Libyan government feels their actions threatened Libya’s national security. It also notes the ICC’s initial statement “deeply regretting” those actions. 9. This paragraph notes that the ICC promised to investigate the OPCD’s actions. 10....
06.08.12 | |

08 Mar

In a recent post, I noted my puzzlement at Russia’s recent announcement that it will not cooperate with the ICC’s investigation in Georgia. Noting that “Russia has very little to fear” from the investigation, I asked why it would not “milk a little goodwill by at least pretending to cooperate with the ICC” — especially as Russia could simply stop cooperating with the ICC if the OTP ever found evidence that incriminated it. My post elicited the following response from Patricia Jimenez Kwast on her personal blog: This might be...
08.03.16 | |

05 Nov

but the Prosecutor’s announcement illustrates the urgency of the US finally taking this seriously. As a US national and a supporter of the ICC, I don’t really want to see the US locked in a showdown against the ICC. Yet, past experience (the misnamed American Servicemember Protection Act, bilateral immunity agreements, legislation allowing US forces in invade The Hague to liberate Americans in ICC custody) suggests such a confrontation is quite possible. Such an approach would not well serve either the ICC or the US, as it would amount to...
05.11.17 | |

30 Sep

...Mahdi Al Faqi to the ICC however, challenges us to rethink our conception of war crimes to include the broader, but often forgotten concept of cultural destruction. It also serves as a positive example of domestic cooperation with the Court as it was Niger who transferred Mr Al Faqi to the Court. Mr Al Faqi is suspected under Article 8 (2) (e) (iv) ‘of committing war crimes in Timbuktu between 30th June and 10th July 2012, through ‘intentionally directing attacks against buildings dedicated to religion and or historical monuments’. Specifically,...
30.09.15 | |

23 Nov

admissibility challenge was brought to the ICC in the case of Joseph Kony (who, of course has/had not been detained). My understanding is that ICC Pre-Trial Chamber II ruled on the basis of admissibility in the Kony case pursuant to Article 19. Mark Kersten Also, just to muddy the waters a bit more, at this point it's not clear that Saif al-Islam is in "custody" of Libya and it isn't even known whether Senussi was detained at all. Saif is in the custody of Zintan rebels, not the NTC and...
23.11.11 | |

23 Jul

the VCLT and the ICTY/R jurisprudence. There is clearly a basis for bringing in the jurisprudence of the ICTY/R, and the ICC has shown willingness to engage this jurisprudence and to give principled reasons where it departs (e.g., witness proofing). [See Volker Nerlich, “The Status of ICTY and ICTR Precedent in Proceedings before the ICC” in Stahn/Sluiter (eds), The Emerging Practice of the ICC]. However, one aspect which is often not given sufficient consideration is the significant impact of the ICC’s perception of its own legitimacy on this process. An...
23.07.13 | |

24 Oct

...1997. Finkelstein, Norman. Image and Reality of the Israel-Palestine Conflict. London: Verso, 1995. Flapan, Simha. The Birth of Israel: Myths and Realities. New York: Pantheon, 1987. Gerner, Deborah J. One Land, Two Peoples: The Conflict over Palestine. Boulder, CO: Westview Press, 2nd ed., 1994. Ghanem, As’ad. The Palestinian Regime: A “Partial Democracy.” Brighton: Sussex Academic Press, 2001. Gorenberg, Gershom. The Accidental Empire: Israel and the Birth of the Settlements, 1967-1977. New York: Times Books, 2006. Hadawi, Sami. Bitter Harvest: A Modern History of Palestine. New York: Olive Branch Press, 1989....
24.10.06 | |

06 Apr

...of the government so recognized from the commencement of its existence." -- Oetjen v. Central Leather Co. (1918) About 130 states have recognized Palestine's 1988 Unilateral Declaration of Independence. Palestine cited it in its applications for membership in the UN and UNESCO, e.g. "This application for membership is being submitted based on the Palestinian people’s natural, legal and historic rights and based on United Nations General Assembly resolution 181 (II) of 29 November 1947 as well as the Declaration of Independence of the State of Palestine of 15 November 1988...
06.04.12 | |

12 Jan

the ICC each consider the person to be a "suspect" for entirely different conduct and crimes, then the State's investigation would not make the person a "suspect" for the purposes of the ICC. In these circumstances, the case would one that the ICC could properly seek to investigate and prosecute. If, however, your position is that the person must "suspected" of broadly the same conduct and crimes by both the State and the ICC in order for the ICC to defer to the State, then isn't that essentially the same...
12.01.16 | |

13 Feb

which Russia signed in 2000. “As of February 1, 2016, the Russia Federation has not ratified the Rome Statute of the International Criminal Court and the document has not come into power,” Russia’s Justice Ministry said. [snip] Earlier, spokesperson for Russia’s Foreign Ministry Maria Zakharova said Moscow was disappointed with ICC’s recent activities and would be forced to “fundamentally review its attitude towards the ICC”. Zakharova said ICC prosecutor Fatou Bensouda had taken Georgia’s side and started an investigation aimed against Russia and South Ossetia. “Such actions hardly reflect the...
13.02.16 | |

30 Dec

and Methods of Warfare Robert Cryer, Royalism and the King: Article 21 and the Politics of Sources Jens David Ohlin, Joint Criminal Confusion Elies van Sliedregt, Article 28 of the ICC Statute: Mode of Liability and/or Separate Offense Mohamed Elewa Badar, Dolus Eventualis and the Rome Statute Without It? Olympia Bekou, A Case for Review of Article 88, ICC Statute: Strengthening a Forgotten Provision Ilias Bantekas, The Need to Amend Article 12 of the ICC Statute: Remedying the Effects of Multilateral Treaties upon Third Parties Cedric Ryngaert, The International Criminal...
30.12.09 | |

05 Nov

Over the past week, two posts at Just Security have argued that the ICC can prosecute the use of chemical and biological weapons as a war crime, even though they — unlike other types of weapons — are not mentioned in Article 8 of the Rome Statute. The first post was written by Ralf Trapp, who argued as follows: Furthermore, there are the provisions of the Rome Statute of the International Criminal Court (ICC). Even though it does not use the terminology of the CWC (“chemical weapons”), there is no...
05.11.15 | |