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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 | |

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 | |

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 | |

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 | |

06 Apr

...of the government so recognized from the commencement of its existence." -- Oetjen v. Central Leather Co. (1918) About 130 states have recognized Palestine's 1988 Unilateral Declaration of Independence. Palestine cited it in its applications for membership in the UN and UNESCO, e.g. "This application for membership is being submitted based on the Palestinian people’s natural, legal and historic rights and based on United Nations General Assembly resolution 181 (II) of 29 November 1947 as well as the Declaration of Independence of the State of Palestine of 15 November 1988...
06.04.12 | |

24 Oct

...1997. Finkelstein, Norman. Image and Reality of the Israel-Palestine Conflict. London: Verso, 1995. Flapan, Simha. The Birth of Israel: Myths and Realities. New York: Pantheon, 1987. Gerner, Deborah J. One Land, Two Peoples: The Conflict over Palestine. Boulder, CO: Westview Press, 2nd ed., 1994. Ghanem, As’ad. The Palestinian Regime: A “Partial Democracy.” Brighton: Sussex Academic Press, 2001. Gorenberg, Gershom. The Accidental Empire: Israel and the Birth of the Settlements, 1967-1977. New York: Times Books, 2006. Hadawi, Sami. Bitter Harvest: A Modern History of Palestine. New York: Olive Branch Press, 1989....
24.10.06 | |

13 Feb

which Russia signed in 2000. “As of February 1, 2016, the Russia Federation has not ratified the Rome Statute of the International Criminal Court and the document has not come into power,” Russia’s Justice Ministry said. [snip] Earlier, spokesperson for Russia’s Foreign Ministry Maria Zakharova said Moscow was disappointed with ICC’s recent activities and would be forced to “fundamentally review its attitude towards the ICC”. Zakharova said ICC prosecutor Fatou Bensouda had taken Georgia’s side and started an investigation aimed against Russia and South Ossetia. “Such actions hardly reflect the...
13.02.16 | |

30 Dec

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...
30.12.09 | |

05 Nov

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...
05.11.15 | |

12 Jan

the ICC each consider the person to be a "suspect" for entirely different conduct and crimes, then the State's investigation would not make the person a "suspect" for the purposes of the ICC. In these circumstances, the case would one that the ICC could properly seek to investigate and prosecute. If, however, your position is that the person must "suspected" of broadly the same conduct and crimes by both the State and the ICC in order for the ICC to defer to the State, then isn't that essentially the same...
12.01.16 | |

06 Dec

...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...
06.12.16 | |

07 Sep

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...
07.09.09 | |