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06 Aug The ICC’s Chickens Come Home to Roost
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....17 Jul MH17 Downing Suspects to be Prosecuted Before Dutch Domestic Courts – An Obstacle or an Advantage for International Justice?
...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...08 Mar Article 87(5) of the Rome Statute — Bizarre and Possibly Counterproductive
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...09 Apr Three Cautionary Thoughts on the OTP’s Rohingya Request
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...