Search: palestine icc
27 Feb Kenyan Appeals Court Strongly Affirms That al-Bashir Cannot Claim Immunity As a Defense Against the ICC’s Arrest Warrants
...he return to the country. The judgment of the Kenyan Court of Appeal is of regional and international significance in the face of increasing threats of collective withdrawal of African countries from the ICC. Most particularly, after failing to arrest al-Bashir on a visit to South Africa in 2015, the South African government appears to be charging ahead with its intention to withdraw from the ICC by proposing the enactment of woefully inadequate domestic legislation. As a decisive statement by an African court this judgment will be useful for human...19 Jun Sanctioning the ICC: A Guide to US Law (Part II)
computers to the ICC, when some of those computers might be used by sanctioned persons, that company might decide it is safer just not to provide computers to the ICC at all. Persons and entities can ask for interpretative guidance from OFAC, and sometimes OFAC will post such guidance on their website, but even when this guidance is provided it is no shield to civil or legal liability. What to Expect Next Eventually, the government will probably issue regulations implementing this order, although unlike some other executive orders establishing sanctions...06 Nov Piecing the Withdrawal Puzzle: May the ICC still open an investigation in Burundi? (Part 1)
bade the Court a festive farewell. Disappointingly, no planned ICC statement followed. The ICC spokesperson’s curt and enigmatic response to the journalists’ queries (see BBC, AP, Al Jazeera and communications to Benjamin Dürr and Anna Holligan) only thickened the plot. The spokesperson intimated that an announcement regarding the results of the Burundi preliminary examination would be made in due course in accordance with the OTP’s practice. More controversially, he asserted that ‘the Burundi withdrawal does not affect the jurisdiction of the Court with respect to the crimes alleged to have...
09 Jul Never Two Without Three: On the – To Be Reopened – ICC Preliminary Examination in Iraq
of the ICC practice in relation to the complementarity assessment are evident. Therefore, judicial review is required in view of the dramatic impact of the adopted complementarity assessment, on the present situation and beyond it, as the overly restrictive approach adopted by the Prosecutor in this situation may have grave consequences for other preliminary examinations and investigations. In light of the above, a new determination on the issue will only reinforce the Court and enhance confidence in the ICC Prosecutor’s independence, as the request notes referring also to the strong...06 Aug Iraq and the International Criminal Court: Decision Time
different problems, and the role of the ICC and other international organizations is probably not on the top of the list. But it is far from trivial if Iraq signs the ICC treaty, since it will be exposing both U.S. and its own military forces (currently engaged in a desparate anti-insurgent struggle) to oversight by the ICC. This may or may not be a good thing depending on one’s faith in the judgment of the ICC, but it is certainly a rather large and dangerous step for Iraq’s interim government....
02 Jul The Use of Benchmarks in the Colombia Situation: An Opportunity for a Victim-Oriented Approach to ICC Complementarity
...the Prosecutor (OTP) of the ICC in the context of its ongoing preliminary examination in Colombia. In accordance with the ICC’s complementarity principle, the OTP is closely monitoring whether Colombia’s national efforts towards accountability for crimes potentially falling under ICC jurisdiction are sufficient, or whether they warrant the opening of a formal investigation. Recently, the OTP announced that it will use benchmarks for this determination. This post proposes a central role for victim’s rights and interests in the OTP’s analysis and the conceptualization of said benchmarks. Colombia’s Special Jurisdiction for...03 Nov Initial Thoughts on the ICC’s Decision to Investigate Afghanistan
it would probably see doing so as an acknowledgment of the investigation’s legitimacy — it will no doubt rely on Mike Newton’s argument in the Vanderbilt Journal of Transnational Law that the Status of Forces Agreement (SOFA) between Afghanistan and the United States precludes the ICC from exercising jurisdiction over American soldiers. (The SOFA presumably doesn’t apply to CIA operatives, who are not part of the US armed forces.) Oversimplifying a bit, Mike argues that Afghanistan has no jurisdiction that it can delegate to the ICC, because the SOFA provides...
17 Aug States of Justice Symposium: Quo Vadis? A Review of Oumar Ba’s ‘States of Justice: The Politics of the International Criminal Court’
presumed weak and strong states to the extent that even when the Prosecutor sought to launch the first major investigation that implicates a major world power in Afghanistan, the result has been a strong rebuke from the US government. Even within the weaker states where the ICC has operated in most of its existence, state agents who have been targeted have found it easier to attack the ICC on the basis of perceived bias against weaker states. The pushback has resonated well especially when it is punctuated by sentiments of...30 Mar Time to Move the ICC?
This op-ed by a former ICTY and ICTR prosecutor argues that the ICC should move, at least some of their hearings and trials, to locations closer to the site of the alleged crimes. In the case of the ICC, this means spending some of the $600 million it has spent so far on facilities in Africa, where all of its current prosecutions are taking place. The Hague. . .is more than 6,000 kilometers away. Systematically holding trials at that distance makes no sense. Criminal justice in practice is an intensively...