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30 Dec Special Double Issue on the ICC
and Methods of Warfare Robert Cryer, Royalism and the King: Article 21 and the Politics of Sources Jens David Ohlin, Joint Criminal Confusion Elies van Sliedregt, Article 28 of the ICC Statute: Mode of Liability and/or Separate Offense Mohamed Elewa Badar, Dolus Eventualis and the Rome Statute Without It? Olympia Bekou, A Case for Review of Article 88, ICC Statute: Strengthening a Forgotten Provision Ilias Bantekas, The Need to Amend Article 12 of the ICC Statute: Remedying the Effects of Multilateral Treaties upon Third Parties Cedric Ryngaert, The International Criminal...05 Nov The Rome Statute Does Not Criminalise Chemical and Biological Weapons
Over the past week, two posts at Just Security have argued that the ICC can prosecute the use of chemical and biological weapons as a war crime, even though they — unlike other types of weapons — are not mentioned in Article 8 of the Rome Statute. The first post was written by Ralf Trapp, who argued as follows: Furthermore, there are the provisions of the Rome Statute of the International Criminal Court (ICC). Even though it does not use the terminology of the CWC (“chemical weapons”), there is no...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...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...
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...03 May ATLAS Writes an Open Letter to the Committee Electing the ICC Prosecutor and the ASP
staggering: A 2017 ICC Staff Union report on ‘ICC Staff Feedback on Harassment, Bullying, Discrimination and Abuse of Power’, provided the result of a survey taken by 128 ICC staff members in which 48.4% of respondents said that they had been victims of one of the listed behaviours (discrimination, (sexual) harassment, abuse of authority, or misconduct). Equally concerning was the fact that only 18.7% of those who had stated having been victims of these behaviours said that they reported them. Reasons given for deciding not to report included: lack of...
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...