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...
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...
02 Dec When a Preliminary Examination Closes, a New Era Opens: The OTP’s Innovative Support for Transitional Justice in Colombia
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...
07 Aug Emerging Voices: Taking Trump to the Hague – Can the ICC Prosecute Abuses on the US – Mexico Border?
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....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...
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...26 Feb The Perils of Reducing International Lawyers to Their Nationality: A Response to Vamos-Goldman
its negative implications when the same Boris Johnson government had a national competing for perhaps the most important and visible international criminal justice position in the world: Prosecutor of the International Criminal Court (ICC). UK Barrister Karim Khan has now been elected. The result is that the states parties to the ICC have rewarded a country that is undermining international justice. And some of the other players in the international community let it happen, without raising their voices. There is no question the UK is pleased the next Prosecutor will...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....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....
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...