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26 May Affective Justice Symposium: Politics and Law in Kamari Clarke’s Affective Justice
...apparent than in Clarke’s comparison of the ICC and the African Court. The ICC is not, in Clarke’s account, a-political but it appears to many as a “corruption of justice” (173) because it does not seek to identify and redress the deep conditions of violence in Africa. Indeed the politics of the ICC are politics in the derogatory sense: the ICC represents political interests of the global north, holding African but not European leaders accountable for violence and thereby undermining African political and economic self-determination (170). This is the so-called...19 Dec Sudan Blocks ICC Probe on Darfur
...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...10 Feb Since the Security Council Won’t Act, Send in the ICC?
This would give a very, very strong message to those running the show,” Rupert Colville, spokesman for U.N. High Commissioner for Human Rights Navi Pillay, told a news briefing. I suppose there is some possibility that China and Russia would allow an ICC investigation (Syria is not a state-party to the ICC) even as they oppose a more powerful UNSC resolution. But it hardly seems likely. And there is almost no chance, in my view, that such an investigation would make a meaningful difference to a brutal dictator, and regime,...30 Nov Is the U.S. Still a Signatory to the ICC Statute? It Depends on Who You Ask
The International Criminal Court Assembly of States Parties has opened their second session in the Hague this week. The Assembly of States Parties is composed of representatives of all of the governments party to the ICC Statute, that is to say, those countries that have signed and ratified the ICC Statute. Of course, the U.S. has famously revoked its signature to the ICC Statute. Or has it? According to the ICC’s official statement, the U.S. is a “observatory signatory.” That is, the U.S. is not a party “to the Statute...19 Mar Sudan to ICC: Buzz Off!
According to the AP, Sudan announced yesterday that it will suspend all cooperation with the International Criminal Court following that the ICC prosecutor’s charges of war crimes against a Sudan government minister. “We had extended our cooperation with the ICC for some time, but now the situation is completely different,” Justice Minister Mohammed Ali al-Mardi told The Associated Press on the telephone from Geneva, where he was attending a U.N. Human Rights Council meeting. “It’s not even a question of cooperation anymore, it’s a question that they (the ICC) want...06 Feb Breaking News: The Obama Administration Will Not Seek to Join the ICC
to which Julian linked (and I thank Julian for the link), Obama, during the campaign, never expressed strong support for the ICC. He expressed his intention to review ICC policy but always framed it in a way that suggested he had no intention of actually pursuing Rome Statute ratification. But I wouldn't say it's a continuation of Bush-style ICC rejectionism but rather another example of Obama-style have-your-cake-and-eat-it-too-ism. The U.S. will support the ICC, using it as a tool to serve U.S. interests when possible while never submitting to its jurisdiction....25 Jun So Far, the “Apology” Hasn’t Helped
I obviously disagreed with the ICC’s decision to issue the non-apology apology, but I sincerely hoped that it would at least lead to Taylor’s release. Unfortunately, Libya has given no indication that, having suitably humiliated both the Court and Bob Carr, it has any intention of releasing her: Carr said Friday’s talks in the Hague between the ICC and Libyan authorities had resulted in a statement “that had the ICC expressing regret, effectively an apology for any misunderstandings”. “It’s what we were after,” Carr told ABC television. “The talks in...