Search: palestine icc

...committed across Palestine.  Crucially, our analysis cannot begin on 7 October 2023, but must consider the patterns of gender and reproductive violence that are integral to the infrastructure of Israeli apartheid and occupation. Within these systems women’s bodily and reproductive autonomy are systematically curtailed. As Ammal Awadallah, the executive director of the Palestinian Family Planning and Protection Association (PFPPA), has stated: what is happening now in Gaza is an accumulation of years of neglect and a lack of resources in Palestine’s health system, particularly reproductive care, as a result of...

...in solidarity with those fighting for justice in Palestine. In the following essay, I offer brief remarks on the value of legal scholarship and conferences in challenging established power structures, the necessity of anti-zionist—by which I mean anti-racist—activism in the struggle to liberate Palestine, and the implications of an incontrovertible consensus beyond the West. Throughout, I draw on the symposium’s texts, which I had the pleasure of editing, and observations from the conference, which I was honoured to speak at.  Activism and Critical Legal Scholarship International law has a Jekyll...

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...

...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?...

...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....

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....

...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...

some attention was paid to the Bangladesh/Myanmar case, wherein it was stated that transboundary crimes could fall under the jurisdiction of the ICC, if one or more elements of the crime were committed on the territory of a state party. Doing so, the press release perhaps gave the impression that most of the crimes brought under the jurisdiction of the ICC were partly committed on the Turkish territory. In reality that is not the case. From the approximately 1200 victims, only for 10 of them the crime was started in...

[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...

...the intentional and severe deprivation of fundamental rights. Taliban as Representatives of Afghanistan On the same day of the warrants’ issuance, Taliban spokesperson Zabihullah Mujahid declared that Afghanistan (a State Party since May 2003) no longer recognized the ICC and did not acknowledge any obligations toward it. To date, the UN Secretary-General has not acknowledged receipt of any withdrawal from the ICC by Afghanistan, unlike the formal statement issued in the case of Hungary. A central point of contention is the Taliban’s authority to effectively terminate Afghanistan’s ICC membership, given...

[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...

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...