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