Search: palestine icc
25 Nov Stahn on Libya and the ICC
My friend and PhD supervisor Carsten Stahn has posted a very interesting discussion of Libya and the ICC at the Hague Justice Portal. Here is a taste: One possible option to reconcile domestic jurisdiction with accountability before the ICC may be a division of labor based on temporal jurisdiction. In line with the Council referral, the ICC enjoys jurisdiction as of 15 February 2011. There is no conflict of jurisdiction with respect to crimes committed prior to that date. To frame accountability in light of this distinction may, however, pose...
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...22 Feb Uganda and LRA Agree to Domestic War Crimes Court
...to be subjected to DDR, demobilization, disarmament, and then reintegrate, that would mean that they would come out of the bush and come to Uganda, and then Uganda will now be in the position to get them. And we will have no problem in subjecting them through our judicial system. ICC was created to fight impunity, and therefore the High Court of Uganda can exactly do that,” she said. But Uganda cannot recall its original referral. The decision to withdraw the ICC arrest warrants is for the ICC, not Uganda....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...
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...
05 Nov Managing Expectations of Victims and Sustaining Community Outreach
Transitional Justice Policy) that elaborately provides for reparations. Given the importance of this case for the situation in northern Uganda, ICC outreach is vital, and it should be a continuous element throughout the reparations process. Outreach should continue until the end of the reparations process. Ugandan Government The Government of Uganda, ICC staff, and their civil society partners can play a role in creating awareness about several matters that remain unclear for the citizens of Uganda. Therefore, public involvement is crucial to transitional goals. Though ICC reparations are important, the...
19 Apr The Gravity of Russia’s Cyberwar against Ukraine
...objects or were indiscriminate in nature. While the harms associated with cyber-attacks may appear negligible when compared to the physical destruction, injury, and death inflicted by traditional arms in Ukraine, cyber weapons can cause massive economic, political, and psychological damage, particularly on civilian populations. They can also inflict the same types of physical harm caused by kinetic attacks. As a consequence, cyber-attacks can satisfy the ICC’s gravity threshold. Professor Jennifer Trahan argues that the ICC’s gravity threshold will be an obstacle to charging most cyber operations under the Rome Statute....
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....
15 Feb Spirituality and Duress: Local Culture Beliefs at the International Criminal Court
[Dr. Sigurd D’hondt is an Associate Professor at the Department of Language and Communication Studies, University of Jyväskylä (Finland). Dr. Juan-Pablo Peréz-León-Acevedo and Dr. Fabio Ferraz-de-Almeida are researchers associated with the project reported on here, and Elena Barrett is a PhD candidate at the department.] Introduction On 4 February 2021, Trial Chamber IX (TC-IX) of the International Criminal Court (ICC) convicted Dominic Ongwen of 61 charges corresponding to crimes against humanity and war crimes, by far the largest number in the ICC’s history. On 6 May 2021, he was sentenced...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...