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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...
05 Jun Symposium on Reproductive Violence in International Law: A New Era of Accountability for Reproductive Violence at the ICC?
crimes, including enslavement (article 7(1)(c)), persecution (article 7(1)(h)), outrages on personal dignity (articles 8(2)(b)(xxi) and 8(2)(c)(ii)), torture (articles 7(1)(f), 8(2)(a)(ii) and 8(2)(c)(i)) and other inhumane acts (article 7(1)(k)), and even the residual category of ‘other forms of sexual violence’ (articles 7(1)(g), 8(2)(b)(xxii) and 8(2)(e)(vi)). Prosecuting Reproductive Violence at the ICC Prior to Ongwen, reproductive crimes have been mentioned but not charged in a series of ICC cases. During the trial against Thomas Lubanga, founder and leader of the Union of Congolese Patriots in the Democratic Republic of Congo (DRC), a...04 Jul The Africa Union and the ICC
I don’t know quite what to make of this story from the AP of July 3, 2009: African leaders approve anti-ICC move By ALFRED de MONTESQUIOU – 9 hours ago SIRTE, Libya (AP) — African leaders have approved a contentious decision to denounce the International Criminal Court and refuse to extradite Sudan’s President Omar al-Bashir. The final decision by the African Union heads of state summit says AU members “shall not cooperate … in the arrest and transfer of the President of Sudan to the ICC.” The story adds that...10 Jan Guest Post: When Should the ICC Call It Quits?
is a depressing insight into the moribund state of ICC-Security Council relations (not to mention another blow for survivors of the conflict). Yet as he also observed, it is heartening to see the Prosecutor laying the blame for the lack of arrests squarely where it belongs. For too long the Council has used its Darfur referral to outsource the problem to the ICC in lieu of taking meaningful steps itself. Beyond the immediate implications for Darfuris, the ICC, or the Security Council however, there is a broader question triggered by...06 Mar More Thoughts on the ICC and Darfur
A couple of days ago, I criticized Julian’s claim that the ICC’s involvement in Darfur makes the situation there worse. I still believe that, on balance, the ICC’s involvement is positive. Nevertheless, articles like this give me pause: Aid workers fear war crimes accusations made by the International Criminal Court against two Sudanese suspects could hamper their work in Darfur and raise an added hurdle to a proposed deployment of United Nations troops. Khartoum has a long history of retaliating against international measures. These have often strengthened the hand of...
29 Jul High War Crimes Court of Ukraine for Atrocity Crimes in Ukraine
...in Ukraine. Although Ukraine has accepted the ICC’s jurisdiction with respect to crimes in its territory since 2014, the ICC cannot prosecute the crime of aggression because Russia is not a party to the ICC Statute and its Aggression Amendment, and Russia will veto any effort by the Security Council to refer the crime of aggression relating to Ukraine to the ICC. The ICC does have jurisdiction over the crimes of genocide, crimes against humanity, and war crimes committed in Ukraine since 2014 because Ukraine lodged a declaration accepting the...
09 Oct Trump vs. International Law: The Trump Administration and International Criminal Justice
...Koh’s words: “we have applied a pragmatic, case-by-case approach toward ICC issues.” That said, the ICC Office of the Prosecutor’s preliminary examination in Afghanistan was forever on the horizon, threatening to derail this evolution. Bolton’s recent speech to the Federalist Society has no doubt put an end to this practice of case-by-case constructive cooperation, even when legal accountability is squarely within U.S. national interests. There are many reasons that the United States should not cut ties completely with the ICC. In addition to being in a better position to protect...24 Jan A Comment on Kevin Jon Heller’s Piece by Darryl Robinson
Article 17 of the ICC Statute requires the Court to determine whether “the case” is being investigated or prosecuted (Article 17(1)(a)) or has been investigated (Article 17(1)(b)). To determine whether a national proceeding concerns the same “case”, ICC jurisprudence asks whether it concerns the same person and “substantially the same conduct”. Kevin, like other scholars in recent literature, argues that the same-conduct test is too stringent. The concern is that same-conduct test “privileges the ICC instead of states” because it requires national authorities to investigate the specific conduct that the...
30 Sep Distant Justice Symposium: An Introduction by Phil Clark
of its staff. Such was the narrative of crisis around the Court that, in April 2019 – soon after the ICC judges rejected the Prosecution’s request to open investigations in Afghanistan due to a lack of state cooperation – four former presidents of the ICC Assembly of States Parties (ASP) called for an independent expert assessment of the entire functioning of the Court. While much of the evidence I present in Distant Justice now resonates with the zeitgeist around the ICC – having gone against the grain for most of...