Search: palestine icc
06 Dec Regionalization as a Blessing or as a Curse? The EU and International Criminal Justice
...of the Court, the EU has taken a strong counter approach towards US policies towards international criminal justice. US approaches have navigated between objection under the Bush Administration to “smart power” approaches under Obama administration. The EU has differed fundamentally. It has openly discarded US objections in a common position in 2003, while trying to foster a constructive partnership between the US and the ICC. The EU has defined guiding principles for bilateral non-surrender agreements under Art. 98 of the ICC Statute. Later, the EU members have been instrumental in...07 Sep Guest Post: Why the “Contextual Element” in All ICC Crimes?
The following post was written by my friend Mark Osiel (Iowa). He hopes that readers will provide him feedback on the post, so don’t be shy! Also make sure to check out Mark’s new book, “The End of Reciprocity: Terror, Torture, and the Law of War.” It’s superb. A curious feature of all the major international crimes is that, unlike domestic offenses, they’re defined to include a so-called “contextual” element. It’s not entirely clear, though, what purpose the ICC drafters, in particular, intended this requirement to serve. Nor is it...
24 Jun The Pathology of Arab State Silence on Palestine: How Rapprochement with Israel Reveals Complicity in the Conflict and Could Cause Further Unrest in the Region
[ Dr. Mishana Hosseinioun is a lecturer in International Relations at the University of Oxford and a visiting fellow at the Centre for International Studies at the LSE. She is the president of the international justice consultancy MH Group , which submitted to the ICC an Article 15 Communication integral in opening the formal investigation into the situation in Palestine.] This May, the ongoing conflict in the Occupied Palestinian Territory intensified yet again, as 11 days of fighting and constant bombardment killed over 250 Palestinians and 13 Israelis. The attacks...26 Nov ICC/Palestine Event at Doughty Street Chambers
Availability: Book a seat In 2009 Palestine lodged a declaration accepting the jurisdiction of the ICC but only two years later the ICC Prosecutor decided to close its preliminary examination of the situation in Palestine because of uncertainties surrounding Palestine’s statehood. The meeting will explore the implications of the UN General Assembly’s decision to accord to Palestine the status of non-member observer state in 2012, issues concerning Palestine’s prospective accession to the Rome Statute, and the possibility for Palestine to lodge a retroactive declaration giving the Court jurisdiction over Israeli...
16 Apr ICC Prosecutor Symposium: The ASP Should Choose a Prosecutor from the P-3
a lesser power in the Global North. The Iraq preliminary examination and the Afghanistan investigation are once again examples, as is the situation in Palestine. Although nothing will stop Israel from baselessly claiming that the ICC is anti-Semitic, such complaints would lose much of their sting if the Prosecutor was a respected lawyer from one of Israel’s strongest allies. Finally, and perhaps most obviously, appointing a P-3 Prosecutor would almost certainly increase the Security Council’s support for the ICC. It is no secret that the Security Council has done very...
29 May Affective Justice Symposium: Sentiments of Justice, Legalism and Affective Meta-Justice at the Dawn of Postliberalism
...to the ICC has comprised a complex assemblage of practices including demands for specific deferrals and amendments to the Rome Statute, threats of withdrawal from the ICC and the push for an African Court with criminal – and crucially: expanded criminal jurisdiction in lieu of the ICC. Clarke offers an intriguing, multi-modal ethnography of transnational assemblages of justice-as-law at multiple scales, approached through a practice theory of embodied affects, emotional regimes and technocratic forms of knowledge, inspired by Deleuze and Guattari. Highlighting the sentimentalized expressions and nonverbal cues reflecting the...
22 Sep Armenia as the 124th Member to the Rome Statute
[Dr. Gurgen Petrossian, LL.M. is a lecturer at the Friedrich-Alexander Erlangen-Nürnberg University and Chairman of German-Armenian Lawyers’ Association] Introduction On 29 December 2022, the Republic of Armenia’s government took a significant step by announcing its decision to recognize the jurisdiction of the International Criminal Court (ICC) and initiate the process of ratifying the Rome Statute. This move underscores Armenia’s strong commitment to international criminal justice. The decision followed extensive negotiations and discussions among various stakeholders within Armenia, emphasizing the ICC’s importance. Already during the second Nagorno-Karabakh War, informal discussions had...
09 May Symposium on ‘Marketing Global Justice’ – Review by Asad Kiyani
...reflects TWAIL understandings “that reforms of law and politics would not liberate post-colonial states in the absence of changes in the international economic order” [at 141 – 142 here]. In keeping with both TWAIL generally and Nouwen and Werner specifically, Schwöbel-Patel’s worry about the enhanced jurisdiction of the ICC also reflects a concern about the erasure of alternative possibilities. Building the portfolio of matters over which the ICC can claim authority will only serve to deepen the hegemonic dimensions of the global justice project, operating to exclude other forms and...
05 Jun Symposium on Reproductive Violence in International Law: A New Era of Accountability for Reproductive Violence at the ICC?
crimes, including enslavement (article 7(1)(c)), persecution (article 7(1)(h)), outrages on personal dignity (articles 8(2)(b)(xxi) and 8(2)(c)(ii)), torture (articles 7(1)(f), 8(2)(a)(ii) and 8(2)(c)(i)) and other inhumane acts (article 7(1)(k)), and even the residual category of ‘other forms of sexual violence’ (articles 7(1)(g), 8(2)(b)(xxii) and 8(2)(e)(vi)). Prosecuting Reproductive Violence at the ICC Prior to Ongwen, reproductive crimes have been mentioned but not charged in a series of ICC cases. During the trial against Thomas Lubanga, founder and leader of the Union of Congolese Patriots in the Democratic Republic of Congo (DRC), a...