Search: palestine icc

its investigation into Myanmar on the crime of forced displacement, is the ICC opening the doors to an examination of various states’ immigration policies? (Almost certainly, Myanmar will argue that the Rohingya are not lawfully present in Myanmar—most Rohingya having had their citizenship stripped through a series of prejudicial citizenship laws—thereby requiring a future ICC inquiry into Myanmar’s domestic citizenship laws.) While immigration is an area historically relegated to the sovereignty of individual states, perhaps the ICC is signaling that even abusive immigration practices are not safe from international accountability....

...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...

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...

...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....

[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...

yet offers a number of useful tidbits of information about Saif’s attitude toward the ICC: 33. [Redacted]. The details of ICC proceedings therefore appeared irrelevant to him, as his primary concern is his security in Libya. He would, however, prefer to be under the custody of the ICC in The Hague, rather than being detained in the current conditions, or transferred to Tripoli. 34. It is not correct that he informed the Libyan authorities that he did not wish to meet with any officials from the ICC. 35. Mr. Gaddafi...

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...

...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?...

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!...

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...

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...

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...