In association with the International Commission of Jurists

Search: palestine icc

30 Aug

...the ICC and surrender persons subject to ICC arrest warrants. The NUG has lodged a declaration with the ICC accepting the jurisdiction of the ICC. However, whether the NUG ever takes over as government, or is recognised as the legitimate government of Myanmar remains to be seen. The greatest deterrence is certainty of apprehension and the related certainty of punishment. The slow pace of investigations and cases and unlikely surrender of perpetrators from non-state parties mean there is little to no certainty of apprehension and subsequent punishment, and thus perpetrators...
30.08.22 | |

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 | |

21 Jun

...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...
21.06.05 | |

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 | |

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 | |

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 | |

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 | |