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05 Aug Emerging Voices: Configuring Admissibility Challenges in the ICC–Civil Dispute or Part of the Criminal Proceedings?
implications, particularly on issues of burden and standard of proof. The ICC has not produced significant jurisprudence on these issues in its first eleven years of existence. Decisions on issues of complementarity have focused on the technical interpretation of statutory provisions, usually in challenges brought by defendants. To a large extent, this is the result of the prevalence of “self-referrals” in those situations which have been brought to the Court, meaning that the relevant states have not sought challenge the prosecutions brought in the ICC. In the few non-self-referred situations...
23 Jun The Sentencing of Dominic Ongwen: A Normative Inquiry
these two questions, highlighting important issues with the Court’s reasoning behind its abstention from imposing a life sentence in this case. Through this, it attempts to shed much-needed light on the considerations that underlie the ICC’s sentencing of convicts. Analysing the Sentence The ICC has a difficult role in functioning as a victim-centric Court, while attempting to balance this against the rights of convicts. As the Court noted in Ongwen’s sentencing, while victims should be heard, ‘revenge’ should not guide judicial decision-making. Article 78(1) of the Rome Statute requires it...
10 Mar The Significance of the ICC Appeals Chamber’s Ruling in the Afghanistan Situation
...obtainable. Such double-standards are anathema to the functioning of a judicial institution. Facing the challenges ahead No one believes the Afghanistan investigation will be easy. It will be complex, remote from The Hague, costly, and could result in adverse political repercussions by those who do not want to see the investigation proceed. The Appeals Chamber, however is sending an important signal that the ICC should not be dissuaded from carrying out its mandate even in such circumstances. The ICC States Parties must now ensure that the Prosecutor has sufficient funding...
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...
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...
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...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....
23 Mar Symposium on Prosecuting “Heads of State” for International Crimes: Introduction
...2012, the ICC issued an arrest warrant against former First Lady of Côte d’Ivoire Simone Gbagbo on charges of crimes against humanity allegedly committed during the 2010-2011 post-election violence. Ms Gbagbo was simultaneously prosecuted and then acquitted by Cote d’Ivoire’s High Court for the same crimes, and the ICC vacated the warrant’s effects in 2021. Her husband, former President Laurent Gbagbo, was also acquitted by the ICC for lack of evidence. In 2023, the ICC also issued an arrest warrant against Maria Alekseyevna Lvova-Belova, Russia’s Presidential Commissioner for Children’s Rights,...
23.03.26
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Mariana Apaza, Matilde Gamba, Pavel Tikhonov, Maria Mazurek and Andrea Maria Pelliconi
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08 Jan Justice Delayed is Justice Denied: Why Afghan Survivors Need Sustained ICC Action
[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...