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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 | |

10 Jan

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...
10.01.15 | |

24 Mar

[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...
24.03.22 | |

06 Jul

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,...
06.07.21 | |

04 Jul

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...
04.07.09 | |

23 Jul

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,...
23.07.20 | |

01 Oct

...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...
01.10.24 | and |

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 | |

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 | |

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 | |