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07 Mar The Court of the Citizens of the World: Opinion of Stephen Rapp, Judge of TCCW
...(UNGA), representing the international community as a whole. While the Rome Statute’s definition of crimes is not always reflective of customary law, it is so reflective in the case of the Crime of Aggression, as the text of Article 8bis was approved unanimously by ICC States Parties and Non-Party States, including Russian representatives in conferences up to and including the ICC Kampala Review Conference in 2010. While the adoption of the aggression amendments to the ICC Statute was contentious, the controversy always involved the conditions for the exercise of jurisdiction,...15 Jun Brett Schaefer’s Critical (from the Right) Take on the ICC Review Conference
It is worth also considering the views of those critical of the entire ICC effort to the define aggression and bring it within the ICC Statute. Brett Schaefer at Heritage offers this final take, which he calls the U.S. effort a qualified success due to its ability to delay implementation and to insert “understandings” into the ICC Statute. [T]he U.S. was able to insert several “understandings” into the resolution. These understandings affirm that the crime of aggression does not limit or prejudice existing or developing rules of international law for...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....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...
08 Aug Digital Evidence Before the ICC: Lessons from the Yekatom/Ngaïssona Judgment
the fact that some may have been generated for billing, tax or litigation purposes do not have an impact overall on the authenticity of the CDR. […T]hese differences do not necessarily mean that some CDR ‘are more genuine’ or more authentic than others.’ (para. 182). An Updated Lens on the ICC’s Submission Approach to Evidence As a final reflection, the judgment is an encouraging indication of how the ICC’s ‘submission’ approach to evidence, lauded for its convenience, can incorporate the discursive advantages of the admission approach. The submission approach entails...
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...
10 Apr Communication to the ICC Concerning the Situation in Türkiye: Complementarity Must be a Positive Addition, Not an Excuse
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...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!...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?...
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....