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09 Oct

...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...
09.10.18 | |

06 Mar

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...
06.03.07 | |

05 Jun

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...
05.06.24 | |

10 Jan

...U.S. constructive engagement with the Court. Other recent positive developments include U.S. deployment of 100 special operations forces as military advisers to Uganda to assist with the apprehension of members of the Lords Resistance Army led by Joseph Kony; statements by State Department Legal Advisor Harold H. Koh that the U.S. respects its obligations as signatory to the ICC’s Rome Statute (obligations the second Bush Administration attempted to revoke); and U.S. participation at ICC-related meetings, including meetings of the Assembly of States Parties to the ICC. During the second term...
10.01.13 | |

15 Jun

First, the OTP reports that the African Union has apparently provided sufficient assurances of future cooperation with the ICC to alleviate earlier tensions over the ICC’s investigations concerning Darfur. Second, the Report offers the Prosecutor’s view that Sudan’s ongoing efforts to use various domestic tribunals as a means for invoking the principle of complimentarity have not convinced the ICC to back off. Specifically, the Third Report concludes: Based upon the current OTP assessments, it does not appear that the national authorities have investigated or prosecuted, or are investigating and prosecuting,...
15.06.06 | |

23 Dec

seen the evidence are very different from the ones you refer to: the TC simply does not have the knowledge before the trial starts. Once the trial starts, the judges can really go and look for the truth, and in that process require new charges to tally with what really happened. So, the explanation for no power to modify charges before trial is very different... Alexander Not one, but two important decisions in this field have just emanated from the ICC (trial chamber V(a): http://www.icc-cpi.int/en_menus/icc/situations%20and%20cases/situations/situation%20icc%200109/related%20cases/icc01090111/court%20records/chambers/tcVa/Pages/1122.aspx and appeals chamber: http://www.icc-cpi.int/en_menus/icc/situations%20and%20cases/situations/situation%20icc%200109/related%20cases/icc01090111/court%20records/chambers/appeals%20chamber/Pages/1123.aspx )...
23.12.13 | |

06 Jul

Did you hear the one about Judge de Gurmendi, the President of the ICC, taking bribes for from 2004 on to ensure Omar al-Bashir’s indictment? The president of the International Criminal Court (ICC) is facing calls to resign after it emerged that she may have received financial rewards said to be in millions of dollars to ensure the indictment of Sudanese President Omar al Bashir. Information reaching The London Evening Post here say that between 2004 and 2015, Argentinian-born ICC President Judge Silvia Alejandra Fernández de Gurmendi allegedly received into...
06.07.16 | |

17 Apr

Jessica Dorsey Here's the statement from the VP of the ASP, Markus Borlin: http://www.icc-cpi.int/en_menus/icc/press%20and%20media/press%20releases/Documents/pr898/Groundbreaking-Ceremony-ASP-Vice-President-Statement.pdf David Koller Kevin, I'm sure it's just a rhetorical flourish, but there's no need to guess. The Host State gave a loan, and States Parties have already begun making advance payments. There are all sorts of interesting questions that could be explored around the politics of financing, but my main point is this: States Parties have consistently exhibited a strong commitment to the idea of a permanent ICC, and for this reason I see no reason...
17.04.13 | |

24 Feb

Reprieve, the excellent British human-rights organisation, has submitted a communication to the ICC asking it to investigate NATO personnel involved in CIA drone strikes in Pakistan. Here is Reprieve’s press release: Drone victims are today lodging a complaint with the International Criminal Court (ICC) accusing NATO member states of war crimes over their role in facilitating the US’s covert drone programme in Pakistan. It has been revealed in recent months that the UK, Germany, Australia, and other NATO partners support US drone strikes through intelligence-sharing. Because all these countries are...
24.02.14 | |

19 Mar

course, the Court’s lack of effect on preventing the use of child soldiers in the DRC and bringing other wanted perpetrators to justice is, in large part, the result of a lack of interest and cooperation – both from the DRC and the international community. After all, Ntaganda isn’t running amok in the DRC because of the Court. But the ICC isn’t entirely blameless either. The ICC apparently did nothing to ensure that there was a screening of the Lubanga verdict in key urban centers. This was especially frustrating to...
19.03.12 | |

26 Aug

and only 29 percent thought the ICC was the proper institution for any trials. The latest noises emerging from the peace negotiations suggests that government and rebel leaders will set up a special national court for war crimes and, at the same time, seek a withdrawal of ICC arrest warrants. This seems like a promising route, but will the ICC withdraw its warrants? It would depend on the nature of the national court set up, but it will be tough for an ICC prosecutor to say no in such circumstances....
26.08.07 | |

30 Jun

The ICC’s case in support of the genocide charge is taking a beating, as this Washington Post article details. The problem might be Moreno-Ocampo’s erratic leadership, or it could be the ICC as a whole has too many brilliant ambitious lawyers with not nearly enough to do. So they are quietly undermining Moreno-Ocampo by resigning or by writing articles critical of him. In any event, it is hard to imagine the amount of damage that the ICC will sustain if it eventually has to withdraw the genocide charges against Sudan....
30.06.09 | |