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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...

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....

...for war crimes and crimes against humanity committed by government officials and Janjaweed members, it has made no genuine effort to investigate — much less discipline or prosecute –any of the individuals responsible. Instead, it has created a facade of accountability through sham prosecutions and created ad hoc government committees that produce nothing. This development raises a couple of interesting questions. First, what is the standard under the Rome Statute of the ICC for “complimentarity,” the requirement that the ICC only prosecute cases where the state with primary jurisdiction is...

[Yifat Susskind is the Executive Director of MADRE, an international human rights organization dedicated to meeting urgent needs in communities facing crisis and using the human rights framework to create durable social change] For women, girls, and LGBTQI+ persons in Afghanistan, the struggle for justice has never been more urgent. With each passing day, the Taliban is consolidating power while the international community edges toward normalizing relations with Afghanistan’s de facto rulers. This leaves the International Criminal Court (ICC) as one of the few institutions able to secure justice for...

...from the specter of colonialism, the pervasive fear of double-standards to the detriment of Africans and what Mutua Makau famously calls the metaphor of “savages, victims and saviors”? After all, we should not forget that many will view the Lubanga judgment as confirmation that, to cite Rwandan President Paul Kagame, the ICC is “a new form of imperialism created by the West to control the world’s poorest countries.” This, in my view, is clearly over-stated, but it is hard to turn a blind eye to some facets of the ICC’s...

...a State Party to the ICC. It has not ratified the Rome Statute, the ICC’s founding instrument. However, in such cases, the Security Council has the power to refer situations of mass atrocity to the ICC under the Council’s jurisdiction under Chapter VII. With reports from Amnesty International, Human Rights Watch, and other NGOs estimating that thousands have died, that torture is rampant in Iranian prisons, and that mass executions may be on the horizon, the international community should act. According to the BBC, at least 50,000 reports people have...

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...

...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...

[Emma Irving is an Assistant Professor of Public International Law at the Grotius Centre for International Legal Studies of Leiden University] The ICC’s most recent arrest warrant, issued on the 15th August 2017, should have us all talking for one important reason: it is the first ICC arrest warrant to be based largely on evidence collected from social media. This was a move that was bound to come, and it aligns the ICC with the realities of many of today’s conflicts. The ICC arrest warrant in question was issued against...

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...

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...

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...