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03 Jul The ICC’s Troubled Track Record on Sexual and Gender-Based Crimes Continues: The Yekatom & Ngaïssona Case (Part 2)
[Rosemary Grey is a University of Sydney (Australia) Postdoctoral Fellow, based in the Sydney Law School & Sydney Centre for International Law. Valerie Oosterveld is a Professor at Western Law (Canada) and a member of the Canadian Partnership for International Justice and Rebecca Orsini is a second-year law student at Western Law (Canada) and a graduate of the University of Toronto.] Part 1 of this post discussed recent cases – in particular, Yekatom & Ngaïssona – involving International Criminal Court (ICC) prosecution requests to add or modify sexual violence charges...07 Jun New Developments Regarding the ICC and Darfur
The ICL community is abuzz with news that the ICC Prosecutor appears ready to issue new indictments that connect the “whole state apparatus” in Sudan to the crimes against humanity committed in Darfur. Here’s Mark Leon Goldberg: This is a big deal. On the one hand, indicting top government officials could seriously disrupt current diplomatic efforts to coax and cajole Khartoum into cooperating with the deployment of peacekeepers in Darfur. The international community also needs Khartoum’s cooperation to shore up the separate peace agreement with the south and resolve the...
12 Feb Sudan Agrees to Send Al Bashir to the ICC: What Now for the Law?
...termed “the wasteland of academic overproduction,” have been written on the subject – and I must confess I am one of the more culpable in this area, though after the Appeals Chamber judgment I had promised not to write ever again on the subject of Al Bashir (a promise I am now breaking). Several court decisions by the different chambers of the ICC and domestic courts have been handed down on whether there was a duty to arrest Mr Al Bashir at the time he was head of State of...
25 Mar Uniting for Justice: Group Referrals to the International Criminal Court
referred the Situation in Ukraine to the ICC Prosecutor, who decided to immediately proceed with active investigations. Lithuania also made a separate referral. On 11 March, Japan and North Macedonia joined the collective referral, bringing the total number of referring States to 41. Referrals from the 41 ICC States Parties is the second occasion in the Court’s practice when the situation has been referred to the ICC by a group of states. The first such referral took place in 2018 when six ICC States Parties referred the situation in Venezuela....09 Sep More Evidence that the ICC and Peace in Darfur Don’t Mix
...the ICC and its desire to show its value. All these seperate parties acting independently of one another are confusing the situation and making "peace" even more elusive than were they to act together. It is, at least, clear in my mind that the state parties (and in this case) especially EU member states should come together to formulate a single agenda that they should take to the UN. The UN should then, in consultation with ICC make clear its strategy and policy goal to ICC so at least it...
18 Dec The ICC Prosecutor Office’s Cop-Out on UK Military Crimes in Iraq
...reports, government statements and reports, and British press articles. The Office in 2014 reopened a preliminary examination into war crimes allegedly committed by UK nationals in Iraq that it had closed in 2006. At the ICC, preliminary examinations are conducted by the OTP to determine whether formal ICC investigations are warranted under the court’s treaty, the Rome Statute. The prosecutor’s office decided to not to seek to proceed to an investigation on the basis that there is insufficient evidence that the UK is unwilling genuinely to investigate and prosecute the...22 Apr OPCD Report on Gaddafi’s Situation in Libya
yet offers a number of useful tidbits of information about Saif’s attitude toward the ICC: 33. [Redacted]. The details of ICC proceedings therefore appeared irrelevant to him, as his primary concern is his security in Libya. He would, however, prefer to be under the custody of the ICC in The Hague, rather than being detained in the current conditions, or transferred to Tripoli. 34. It is not correct that he informed the Libyan authorities that he did not wish to meet with any officials from the ICC. 35. Mr. Gaddafi...13 Dec Is the ICC Prosecutor Ignoring Sexual Violence in the DRC?
As I have noted before, human-rights groups have consistently and justifiably criticized the ICTR for failing to take seriously the systematic sexual violence committed against women during the 1994 genocide. Similar criticisms are now being leveled at the ICC regarding its investigation of the conflict in the Democratic Republic of Congo: Congolese activists have launched an appeal at the International Criminal Court (ICC) to prosecute those in their country who use rape as a weapon of war. “Why does the ICC judge (militia chief) Thomas Lubanga for enrolment of child...