Search: palestine icc
10 Jun Gendered Starvation in Armed Conflict: What International Law Fails to See
...withhold from OIS. OIS, by clear interpretation and practice in the ICC, includes materials such as food, water, and other material resources (agriculture), and—what is known from authority and customary practice in the ICC—medical supplies (including drugs) and necessary infrastructure or services to promote survival. To cite one example, an assault on healthcare facilities that disables essential medical goods and equipment may qualify as starvation by deprivation of OIS. This has been claimed in places like Gaza, where attacks such as these have been mentioned alongside a denial of ICC...
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...30 Mar Time to Move the ICC?
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...
24 Apr Formal Inequality Under the Taliban and the Limits of the ICC’s Afghanistan Case
...Court (ICC) has rightfully responded to this state of affairs. On 31 October 2022, Pre-Trial Chamber II authorised the Office of the Prosecutor to resume its long-standing investigation into the situation in Afghanistan. On 28 November 2024, Chile, Costa Rica, Spain, France, Luxembourg, and Mexico referred the situation to the Office of the Prosecutor (OTP), urging action with respect to gender-based crimes. This momentum culminated on 23 January 2025, when the OTP announced the filing of arrest warrants for the crime against humanity of persecution on gender grounds against the...19 Jun Sanctioning the ICC: A Guide to US Law (Part II)
computers to the ICC, when some of those computers might be used by sanctioned persons, that company might decide it is safer just not to provide computers to the ICC at all. Persons and entities can ask for interpretative guidance from OFAC, and sometimes OFAC will post such guidance on their website, but even when this guidance is provided it is no shield to civil or legal liability. What to Expect Next Eventually, the government will probably issue regulations implementing this order, although unlike some other executive orders establishing sanctions...
08 Aug The Trial Judgment in Yekatom and Ngaïssona: A Judgment of Many Firsts Built on Case Management (Part 2)
...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...
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 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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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...