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16 Nov John Bellinger Responds to My Post
John has kindly agreed to let me post his private response to my previous post about his speech at the Fletcher School. Before I do, though, I want to reiterate how important it is to not let the US’s refusal to join the ICC blind us to the many significant contributions the US has made, and continues to make, to international criminal justice — and that includes the ICC. I’ll just mention two ICC contributions here. First, the Elements of Crimes exist only because the US insisted on them. Those...25 Jul President Bashir in Chad: Enough Failure to Go Around
March 2009. Perversely or tellingly depending on one’s perspective, the visit comes just over a week after a July 12th pre-trial chamber ruling which led to a second ICC arrest warrant being issued for Bashir, this time for genocide. Dov Jacobs has an interesting discussion on whether Chad is legally obligated to arrest Bashir. Jacobs argues that, contrary to media claims that the ICC warrant in and of itself requires Chad to arrest Bashir, the ICC must request Chad’s cooperation under art. 89 of the Rome Statute and that the...
05 Jun Symposium on Reproductive Violence in International Law: Legal Recognition of Children Born of Conflict-Related Sexual Violence in International Criminal Law
...been registered or provided with birth certificates. Lack of identifying information could hinder participation in the ICC judicial process as victims or witnesses and impede access to ICC-specific reparations. Conclusion The revised ICC Policy on Children aims to reflect childrens’ experiences in the cases before the court. To ‘prioritise crimes against and affecting children’ and ‘increase children’s access to justice’, to bring them ‘one step closer to the effective remedies, reparations, and accountability they deserve’. This shift in prosecutorial strategy should also encompass the neglected constituency, the children born of...27 Apr Japan to Join the ICC in October
island)? "The ICC needs a state that projects power independently or has regional responsibilities" The EU perhaps... Most of the EU members are parties to the Rome Statute. Daniel Graeber The ICC has no authority over anything unless a soveriegn state allows it to or requests its assistance. It's a tool for the states, so I would debate whether the ICC 'needs' anything, as it would be more accurate to say that the states need the ICC. All this talk of Abe and the ICC and no talk of brothels?...25 Nov The ICC Can Get Its Hands on Gaddafi
to try Saadi impartially, then they have primary jurisdiction. For the ICC to embark on a prosecutorial campaign against Saadi merely because Niger has expressed a willingness to transfer his would be tantamount to child's play. The ICC is desperately vying for increased legitimacy and cooperation; to prosecute a Saadi, who is likely only limitedly culpable for war crimes, would be hinder the progress of the ICC. Not to mention, this prosecution raises serious questions about sovereignty and jurisdiction, as Libya has repeatedly stated that they desire and intend to...