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09 Jun The ICC in Film: The Hitman’s Bodyguard
[Melanie O’Brien is Senior Lecturer in International Law at the UWA Law School, University of Western Australia; and an affiliated researcher of the Asia-Pacific Centre for the Responsibility to Protect, University of Queensland.] Followers of Opinio Juris well know Kevin Jon Heller’s criticism of Crossing Lines and its portrayal of the ICC. I recently watched the action-comedy The Hitman’s Bodyguard, a film that includes an ICC-related storyline, and it certainly opens itself up to some well-deserved criticism about its portrayal of the ICC. The storyline of The Hitman’s Bodyguard is...
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...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...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...23 Nov Does Libya Have to Surrender Saif to the ICC? (Answer: Yes)
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...09 Apr Three Cautionary Thoughts on the OTP’s Rohingya Request
The second is to assume that an international border is part of the territory of neither of the states it divides. The first possibility means that the OTP is correct: the ICC has jurisdiction over the deportation of the Rohingya, because at least one “essential element” of deportation — crossing an international border — took place on the territory of a state party, Bangladesh. The second possibility means that the OTP is wrong: the ICC does not have jurisdiction over the deportation of the Rohingya, because no “essential element” of...17 Jul MH17 Downing Suspects to be Prosecuted Before Dutch Domestic Courts – An Obstacle or an Advantage for International Justice?
...right to investigate and prosecute those responsible according to the legal principle of territorial jurisdiction – based on where the crime was committed. The Ukrainian leadership determined, however, that it would be very difficult to carry out the investigations and prosecutions due to the ongoing conflict in the Donbass region, where the MH17 incident took place. As a result, Ukraine triggered the ICC’s jurisdiction over crimes allegedly committed on its territory from 20 February 2014 onwards via two declarations under the ICC Statute, requesting the ICC Prosecutor to investigate the...08 Mar Article 87(5) of the Rome Statute — Bizarre and Possibly Counterproductive
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...