Search: palestine icc
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...
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...
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...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...
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...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...