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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...
12 Feb Reflections on the Failure of the International Community Regarding Protests in Iran
...a State Party to the ICC. It has not ratified the Rome Statute, the ICC’s founding instrument. However, in such cases, the Security Council has the power to refer situations of mass atrocity to the ICC under the Council’s jurisdiction under Chapter VII. With reports from Amnesty International, Human Rights Watch, and other NGOs estimating that thousands have died, that torture is rampant in Iranian prisons, and that mass executions may be on the horizon, the international community should act. According to the BBC, at least 50,000 reports people have...
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 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...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...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...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...
17 Aug States of Justice Symposium: Quo Vadis? A Review of Oumar Ba’s ‘States of Justice: The Politics of the International Criminal Court’
presumed weak and strong states to the extent that even when the Prosecutor sought to launch the first major investigation that implicates a major world power in Afghanistan, the result has been a strong rebuke from the US government. Even within the weaker states where the ICC has operated in most of its existence, state agents who have been targeted have found it easier to attack the ICC on the basis of perceived bias against weaker states. The pushback has resonated well especially when it is punctuated by sentiments of...
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...