Search: palestine icc
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...
29 May Affective Justice Symposium: Sentiments of Justice, Legalism and Affective Meta-Justice at the Dawn of Postliberalism
...to the ICC has comprised a complex assemblage of practices including demands for specific deferrals and amendments to the Rome Statute, threats of withdrawal from the ICC and the push for an African Court with criminal – and crucially: expanded criminal jurisdiction in lieu of the ICC. Clarke offers an intriguing, multi-modal ethnography of transnational assemblages of justice-as-law at multiple scales, approached through a practice theory of embodied affects, emotional regimes and technocratic forms of knowledge, inspired by Deleuze and Guattari. Highlighting the sentimentalized expressions and nonverbal cues reflecting the...
25 Feb More Than Rhetoric? International Criminal Justice, Crime Semantics and the Role of the ICC in the Ukraine Conflict
...claims of self-defence and protection. It carries associations with WWI (‘supreme offence against international morality and the sanctity of treaties’), WWII, Nuremberg and Tokyo. Both notions refer to moral extremes. They are loaded with historical baggage, related to their precedents. The Kampala amendments to the ICC Statute gave a contemporary framing to the crime of aggression by shifting the focus from the notion of war of aggression to the wider concept of acts of aggression. However, the semantics used show the limitations of criminal labels: Both notions polarize and easily...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...
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...
17 Apr ICC Prosecutor Symposium: “Mind the Gap”–Insights from Asia
...to the types of crimes delineated in the Rome Statute. Which brings one to the broader purpose of the Rome Statute – to establish a court, yes, but also surely to widen the prohibition of the crimes as described in the statute. So while the ICC is focused on ‘positive complementarity’, the wider context – the ability to prosecute international crimes in more national jurisdictions – is one that should make the ICC Prosecutor’s job more focused. Also, while positive complementarity is usually vis-à-vis state parties (or referrals), it is...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...
24 Mar The Potential of Gender Persecution in ICC Case Abd-Al-Rahman: A Twofold Opportunity to Interpret its Customary Status and Intersectional Discrimination
[Ana Martín is a PhD Researcher at the Transitional Justice Institute , Ulster University, investigating the topic intersectionality and sexual and gender-based crimes.] The Appeals Chamber (AC) Confirmation of Jurisdiction Decision in Abd-Al-Rahman (1 November 2021) sets a substantive precedent regarding the challenging harmonization of two articles of the International Criminal Court (ICC, Court) Rome Statute (Statute): article 22 (1) establishing the principle of legality or non-retroactivity (nullum crimen sine lege) in international criminal law (ICL) and article 21(3) requiring interpreting and applying the law in consistency with international human...
06 Jul Three Ways to Improve Victim Participation in the Rohingya Context
already participated by giving statements, signing petitions, taking part in the ICC’s Article 15 procedure, meeting with various teams who visit the camps or having submissions filed on their behalf by their Legal Representative of Victims (“LRV”). If a trial commences, or if parties to the ICJ proceedings are granted leave to call witnesses, some individuals will appear before the courts. At the ICC, some victims may have their interests represented through their LRV. If there is a conviction at the ICC there will be sentencing hearings and reparations. Victims,...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...