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24 Jan

...should go without saying. Given several states’ disregard of ICC arrest warrants for Netanyahu and Putin, however, it bears stating that for international justice to be effective, including for LGBTQI+ victims, states must honor all ICC warrants. The ICC, however, is just one of the tools the international community should use to hold the Taliban accountable and support LGBTQI+ Afghans. Potential uses of universal jurisdiction should be also explored. In addition to robustly supporting the UN Special Rapporteur on Afghanistan’s mandate, states should create an independent international investigative mechanism to...
24.01.25 | and |

09 Jun

[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...
09.06.18 | |

29 Mar

...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...
29.03.23 | |

20 Nov

Mark Kersten With today's visit by Prosecutor Moreno-Ocampo to Libya it does appear that an ICC trial in Libya is an option that will be discussed. Kevin has suggested he supports this idea as have David Kaye and Stewart Ford. I added my voice in support as well. More importantly, however, the ICC itself appears to be inclined to support the notion and has suggested so publicly (http://wp.me/p1n0fE-w0). The question, it seems, is whether the ICC is restricted, in this instance to an agreement which allows it to run proceedings...
20.11.11 | |

21 Apr

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...
21.04.12 | |

28 Aug

...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...
28.08.15 | |

22 Dec

and Casey, whose knowledge of the ICC could fit comfortably on the head of a pin. And indeed, Scott’s comment seems misguided in a number of important respects. To begin with, many of the world’s “great powers” have agreed that the ICC can indeed be a forum for “enforcement of the laws of war” against them: the UK, France, Germany, Japan. To be sure, those countries would be less than thrilled if the ICC prosecuted one of their nationals — but there is no evidence whatsoever that they would abandon...
22.12.08 | |

09 Jun

Kevin has no doubt put his finger on the key issues facing the ICC and Sudan. Plainly, the ICC is raising the stakes in its investigation of Sudan, a risky proposition given certain fragile peace accords emerging. More interesting to me is that the ICC last week revealed that it tried to capture wanted Sudan minister Ahmed Harun via an extraordinary rendition. The plan, apparently, was to divert Harun’s plane away from its destination: Mecca, Saudi Arabia – and toward some ICC member state where he would be arrested and...
09.06.08 | |

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 | |

09 Apr

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...
09.04.18 | |

17 Jul

...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...
17.07.17 | |

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 | |