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10 Mar The Significance of the ICC Appeals Chamber’s Ruling in the Afghanistan Situation
...obtainable. Such double-standards are anathema to the functioning of a judicial institution. Facing the challenges ahead No one believes the Afghanistan investigation will be easy. It will be complex, remote from The Hague, costly, and could result in adverse political repercussions by those who do not want to see the investigation proceed. The Appeals Chamber, however is sending an important signal that the ICC should not be dissuaded from carrying out its mandate even in such circumstances. The ICC States Parties must now ensure that the Prosecutor has sufficient funding...
29 May Affective Justice Symposium: Other Geographies, Other Pushbacks–Affective Justice as a Diagnosis for International Criminal Law
[Sara Kendall is a Senior Lecturer in International Law at The University of Kent in the Faculty of Law. She is also Co-Director of The Centre for Critical International Law.] In early March 2020, the US Secretary of State Michael Pompeo gave a press briefing concerning the ICC Appeals Chamber’s decision on Afghanistan. As is widely known by Opinio Juris’s readership, the ICC’s prosecutor aimed to investigate alleged war crimes and crimes against humanity on the territory of Afghanistan as well as other crimes linked to the situation, which could...17 Aug And So It Begins… Social Media Evidence In An ICC Arrest Warrant
[Emma Irving is an Assistant Professor of Public International Law at the Grotius Centre for International Legal Studies of Leiden University] The ICC’s most recent arrest warrant, issued on the 15th August 2017, should have us all talking for one important reason: it is the first ICC arrest warrant to be based largely on evidence collected from social media. This was a move that was bound to come, and it aligns the ICC with the realities of many of today’s conflicts. The ICC arrest warrant in question was issued against...18 Mar Lubanga Decision Roundtable: Lubanga in Context
...from the specter of colonialism, the pervasive fear of double-standards to the detriment of Africans and what Mutua Makau famously calls the metaphor of “savages, victims and saviors”? After all, we should not forget that many will view the Lubanga judgment as confirmation that, to cite Rwandan President Paul Kagame, the ICC is “a new form of imperialism created by the West to control the world’s poorest countries.” This, in my view, is clearly over-stated, but it is hard to turn a blind eye to some facets of the ICC’s...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,...