Search: palestine icc
12 Oct Peaceful Settlement in Uganda Jeopardized by ICC Arrest Warrants
The story coming out of Uganda bears emphasis for its impact on the ICC doctrine of complementarity. Under Article 17 of the Rome Statute, “the Court shall determine that a case is inadmissible where … [t]he case is being investigated or prosecuted by a State which has jurisdiction over it, unless the State is unwilling or unable genuinely to carry out the investigation or prosecution.” The ICC website indicates that “the International Criminal Court will complement national courts so that they retain jurisdiction to try genocide, crimes against humanity and...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....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...
08 Aug The Trial Judgment in Yekatom and Ngaïssona: A Judgment of Many Firsts Built on Case Management (Part 2)
...witnesses, intermediaries (individuals who facilitate contact between an ICC organ and victims and witnesses, see the full definition in the Intermediary Guidelines, pp. 5-7), alleged former child soldiers, and other individuals, in relation to Count 29, i.e. the conscription, enlistment and use of children under the age of fifteen years to participate actively in hostilities, pursuant to Article 8(2)(e)(vii) ICC Statute (Exclusion Request, paras. 2-3; see also here). The Defence’s case rested on alleged violations of Articles 54(1), 67(1)(e) and (2) ICC Statute, arguing that prosecutorial investigative failures and inadequate supervision...
29 May Affective Justice Symposium: Other Geographies, Other Pushbacks–Affective Justice as a Diagnosis for International Criminal Law
[Sara Kendall is a Senior Lecturer in International Law at The University of Kent in the Faculty of Law. She is also Co-Director of The Centre for Critical International Law.] In early March 2020, the US Secretary of State Michael Pompeo gave a press briefing concerning the ICC Appeals Chamber’s decision on Afghanistan. As is widely known by Opinio Juris’s readership, the ICC’s prosecutor aimed to investigate alleged war crimes and crimes against humanity on the territory of Afghanistan as well as other crimes linked to the situation, which could...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...
11 Dec The ICC, British War Crimes in Iraq and a Very British Tradition
unchallenged by the ICC, this approach will undoubtedly be adopted by other states going forward. The ICC, founded in 2002 as the global institution of last resort for investigating and prosecuting grave international crimes, has failed to break the cycle of states shielding their own and getting away with war crimes. Created as a criminal court to close the impunity gap and hold responsible high-ranking officials to account, the OTP has let the British off the hook. Neither the UK nor the ICC will hold those who brought the illegal...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...21 Mar ICC Watch: Ugandan Leaders Seek Delay in Arrest Warrants
As I sip my half pint of Weiznenbier “Edelweiss” here at Cafe Leopold in Vienna, I thought I would blog a few short posts using the cafe’s free WLAN: Representatives from North Uganda visited the Hague last week to ask the ICC to hold off on arrest warrants for leaders of the Lords’ Resistance Army. As I have noted before, the Uganda situation presents the ICC with an important first test of its political (rather than legal) judgment. Should the ICC issue arrest warrants here? Or should it hold back...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...