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...
12 Oct How to Prepare the International Criminal Court for Our Digital Future
digital information creates challenges for ICC investigators, who need to identify, collect, and preserve relevant evidence hidden in a sea of information that is vulnerable to alteration or destruction, while navigating an environment filled with mis and disinformation. This volume and vulnerability of digital information also creates challenges for the judges, who must assess the admissibility and weight of digital evidence. Focusing on the procedures and practices at the ICC, we recently published an article in a Special Volume of the Journal of International Criminal Justice that considers whether the...
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...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...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....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...