Search: palestine icc
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...21 Mar ICC Watch: Ugandan Leaders Seek Delay in Arrest Warrants
As I sip my half pint of Weiznenbier “Edelweiss” here at Cafe Leopold in Vienna, I thought I would blog a few short posts using the cafe’s free WLAN: Representatives from North Uganda visited the Hague last week to ask the ICC to hold off on arrest warrants for leaders of the Lords’ Resistance Army. As I have noted before, the Uganda situation presents the ICC with an important first test of its political (rather than legal) judgment. Should the ICC issue arrest warrants here? Or should it hold back...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...
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...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....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...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...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,...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...23 Nov Clarifying the Alternative: International Criminal Justice Options for African Union Member States
...the author.] Following moves from Gambia, Burundi and South Africa in the past weeks to withdraw from the ICC, much thought is now being given, and keyboards worn down, by the international community as it considers what this news will mean for these countries individually, Africa more generally and of course the ICC. I want to slightly side-step some of these issues though and address the seemingly confused narrative circulating on the African alternative to the ICC. This seems especially important given the South African Minister for Justice Michael Masutha’s...