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02 Dec When a Preliminary Examination Closes, a New Era Opens: The OTP’s Innovative Support for Transitional Justice in Colombia
determine the criminal responsibility of persons of interest to the OTP in order to prevent ICC intervention. Furthermore, such inquiries must sufficiently mirror the case under investigation in The Hague. This means that there must be a considerable overlap between the incidents being investigated at the international and domestic levels. Failure to meet such stringent requirements, which Heller (2016) has long viewed as contrary to the rationale of complementarity, would allow the ICC to enter a finding of admissibility. Thus, the Court could exercise its jurisdiction in lieu of national...
26 Jun The Ljubljana-The Hague Convention: Where are we Now?
...treaty, and, perhaps unsurprisingly, one dominated by ICC States Parties. Only Rwanda is non-states party to the ICC. This largely mirrors the diplomatic negotiations that led to the adoption of the Convention. In May 2023, of the 80 Supporting States, more than half were European. There were none from the Middle East and only three from Asia. The MLA Initiative was dominated by ICC States Parties throughout; only 7 of the Supporting States were non-States Parties. So far, it has been difficult to attract support beyond Europe. Reservations Possibilities for...
29 Nov ArcGIS & Hearsay: Challenges of Incorporating New Technologies into Existing Evidentiary Frameworks
...conveying evidence. Hearsay Concerns & Mapping Tools Before the ICC Open-source information has been included in international criminal trials from their inception, with the introduction of video evidence documenting Nazi concentration camps being shown during the Nuremberg Trials. The ICTY cases of Prosecutor v. Kristić and The Prosecutor v. Mladić, the OTP incorporated satellite imagery, in addition to photo and video evidence, in its case before the Trial Chamber. In recent decades, courtrooms at the ICC have already hosted numerous technological advancements. For example, in Prosecutor v. Ntaganda, Prosecutor v....12 Jul The ICC v. Peace? The Ugandan Standoff Continues
seems to think the ICC should arrest the LRA leaders, rather than Uganda itself. This is becoming a nearly impossible situation for the ICC. They plainly cannot withdraw the arrest warrants without serious criticism among their key supporters. But the ICC does not have the ability to actually arrest the wanted LRA leaders (indeed, this is why the Ugandan government is offering peace talks in the first place). Nor can the ICC grant amnesty and assure the LRA that they will never be subject to future arrests. What a mess!...20 Apr ICC Update
Here’s what’s been happening in the world of the ICC: The UN Mission in the Congo, the ICC, and the governments of Germany and the DRC are working to transfer Ignace Murwanashyaka — the FDLR leader whose situation I discussed last week — to the ICC to stand trial. Their efforts are bound to further antagonize the Rwandan government, which has already expressed its desire to prosecute Murwanashyaka, who is Rwandan Hutu. Uganda’s Parliament has passed a law that authorizes the exclusion of certain individuals — primarily high-level officers in...
23 Sep Symposium Exploring the Crime of Ecocide: Climate Change Crisis in the Pacific–What Role Can International Criminal Law Play?
...International Criminal Court (ICC).” In this way, these countries can contribute towards shaping the ICC’s role in promoting international justice to address serious crimes, which may extend to include ecocide. The appropriate international forum for criminalizing ecocide is the Assembly of State Parties to the ICC, which can amend the Rome Statute to include the crime. International criminal law has scope to prevent ecocide and other environmental crimes despite the legal, practical and conceptual challenges (see Sarlieve 2020; Mackintosh 2020) It is a new area of international law with an...07 Sep How Not To Argue Libya Should Prosecute Gaddafi (Updated)
...extent to which local judges and chambers could/should be used if the ICC were move to a place such as Libya. The ICC wasn't set up to be a hybrid tribunal, but having local judges would essentially transform the Court into a temporary hybrid tribunal, no? If this is what is being suggested (I gather as much from your article as well as Kaye's post), then why not simply argue that the ICC should have the ability to transform into a hybrid tribunal when appropriate, or something to that effect?...06 Jan Are Israel and Turkey’s Settlements Comparable?
Eugene Kontorovich argues today at Volokh Conspiracy that Israel could minimize the likelihood of an ICC investigation into its transfer of Israeli civilians into the West Bank by emphasizing Turkey’s similar transfer of Turkish civilians into Northern Cyprus, which it has been illegally occupying for more than four decades. Here are the key paragraphs: Cyprus was a state with clear borders when Turkey invaded in 1974, and is a charter member of the ICC. If anyone should be loosing sleep over settlements suits in the ICC, it would be Turkey....
19 Jan Vetting for High Moral Character and ICC Prosecutorial Elections
Every nine-years a new prosecutor of the International Criminal Court (ICC) is selected. The 2021/2020 ICC prosecutorial elections saw the appointment of the ICC’s third prosecutor and an unprecedented discussion about the high moral character requirement. Common sense and article 42(3) of the Rome Statute require the prosecutor and deputies to be persons of high moral character, yet this election cycle marked the first time civil society action and the allegations of harassment and other forms of workplace misconduct catapulted the requirement, (and how it can to be assessed) to...