Search: palestine icc
24 Jun The Pathology of Arab State Silence on Palestine: How Rapprochement with Israel Reveals Complicity in the Conflict and Could Cause Further Unrest in the Region
[ Dr. Mishana Hosseinioun is a lecturer in International Relations at the University of Oxford and a visiting fellow at the Centre for International Studies at the LSE. She is the president of the international justice consultancy MH Group , which submitted to the ICC an Article 15 Communication integral in opening the formal investigation into the situation in Palestine.] This May, the ongoing conflict in the Occupied Palestinian Territory intensified yet again, as 11 days of fighting and constant bombardment killed over 250 Palestinians and 13 Israelis. The attacks...26 Nov ICC/Palestine Event at Doughty Street Chambers
Availability: Book a seat In 2009 Palestine lodged a declaration accepting the jurisdiction of the ICC but only two years later the ICC Prosecutor decided to close its preliminary examination of the situation in Palestine because of uncertainties surrounding Palestine’s statehood. The meeting will explore the implications of the UN General Assembly’s decision to accord to Palestine the status of non-member observer state in 2012, issues concerning Palestine’s prospective accession to the Rome Statute, and the possibility for Palestine to lodge a retroactive declaration giving the Court jurisdiction over Israeli...
16 Apr ICC Prosecutor Symposium: The ASP Should Choose a Prosecutor from the P-3
a lesser power in the Global North. The Iraq preliminary examination and the Afghanistan investigation are once again examples, as is the situation in Palestine. Although nothing will stop Israel from baselessly claiming that the ICC is anti-Semitic, such complaints would lose much of their sting if the Prosecutor was a respected lawyer from one of Israel’s strongest allies. Finally, and perhaps most obviously, appointing a P-3 Prosecutor would almost certainly increase the Security Council’s support for the ICC. It is no secret that the Security Council has done very...
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...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...
01 Oct Prosecuting Putin: Creation of a Special Tribunal for Russian Aggression
...territories of States not parties to the ICC’s Rome Statute be wholly excluded from the ICC’s jurisdiction on aggression. In 2017, France and the UK crafted an “opt-in” clause, which allowed States to elect to submit to the ICC’s jurisdiction over the crime of aggression by ratifying the Kampala amendments, whereas before that, the ICC’s jurisdiction automatically applied. Because Russia is not a party to the Rome Statute, absent a referral from the UN Security Council (which is not an option for Ukraine due to Russia’s veto power), the ICC...
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,...
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...