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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...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...
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,...
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...
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...
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...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...
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...
23 Jul In Defense of Process: Why States Should Not Nominate New Candidates for ICC Prosecutor
the heads of two of the 30 organizations that have publicly urged states to stand by a transparent and merit-based election process, we think states and ICC supporters alike should take the Committee’s work seriously, and ensure that the hearings next week are the first step in a genuine and constructive effort at consensus-building by states parties. Why is this so important? For one, the selection process to date has been the most transparent and rigorous in the ICC’s history, with a number of improvements over previous elections. For instance,...
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...