Search: palestine icc
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...
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...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...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...17 Apr A Deal to Try Saif in Libya?
the OTP would obviously be trying to make the best of a very difficult situation. Would ensuring that the ICC has at least some role in a national trial be a good idea? To be honest, I’m not so sure. I think it is very unlikely that Saif will get a fair trial in Libya, ICC involvement or not. Any deal between the ICC and Libya, therefore, would means that the Court would be on the hook for the results of the trial — if it turns out to be...