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22 Feb

...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....
22.02.08 | |

05 Nov

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...
05.11.22 | |

19 Apr

...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....
19.04.23 | , and |

20 Sep

Recent commentary on Bashir’s request for a US visa to attend the 68th General Assembly has focused on US obligations to grant Bashir a visa under Section 11 of the UN – US Headquarters Agreement. See Julian’s post here. Pursuant to this agreement, there is little doubt that the US must permit his transit to the UN despite the fact that there are two outstanding ICC arrest warrant against him. Because the US is not a party to the ICC it has no obligations to cooperate with the ICC, although...
20.09.13 | |

07 Mar

...(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,...
07.03.23 | |

15 Jun

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...
15.06.10 | |

22 Mar

...the practice is surprisingly absent from the ICC Prosecutor’s preliminary examination reports on the situation of Palestine. In her 2015, 2016 and 2017 annual reports, Fatou Bensouda mentions house demolitions only under the heading of “settlement activities” which would seem to exclude punitive house demolitions. The ICC does not have jurisdiction over the war crime of collective punishment as such. The case for including this crime in the Rome Statute has already been convincingly argued, but it was not proposed as an amendment at the 2010 Kampala Review Conference. However,...
22.03.18 | |

22 Mar

of Palestine), such a restrictive reading is unwarranted. It is true that the ICC Elements of Crimes for Art. 8(2)(b)(xiii) only indicate that the property must be “property of a hostile party”. However, the travaux of the PrepCom (which drafted the Elements of Crimes) suggest that this includes private property. Indeed, the Proceedings of the PrepCom issued at the end of its 3rd session specify: “Such property was private or public property of the hostile party” (see PCNICC/1999/L.5/Rev.1/Add.2). Since this interpretation was not disputed, the clarification was eventually deleted (Dörmann,...
22.03.18 | |

25 Aug

following a Trial Chamber’s decision on September 27, 2016. He was convicted as a co-perpetrator for the war crime of attacking protected objects under articles 8(2)(e)(iv) and 25(3)(a) of the Rome Statute. The protected objects include ten buildings of religious and historical character, nine of which are UNESCO World Heritage sites in Timbuktu, Mali. The Court’s Order on Reparations marks the first time the ICC has awarded reparations for victims of crimes against cultural heritage. The decision marks the first time the ICC has awarded reparations for victims of crimes...
25.08.17 | |

22 Apr

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...
22.04.12 | |

26 May

...even more irresponsible to be seeing smiley faces placed after cheers against finally defining aggression at ICC as Anderson does. Of course, aggression must be defined and in a way that would be consistent with clearly classifying as aggressions the US attacks on Republika Srpska in 1995, Yugoslavia in 1999, Afghanistan in 2001, Iraq in 2003. Talk about a no-brainer here! bikey I am a great fan of the ICC, but given the defendants the ICC has chosen to prosecute so far (all African), isn't it already open to charges...
26.05.10 | |

26 Mar

killing, abduction and the looting and we can present this to the ICC. We can request to expand the arrest warrant, the number of victims and the number of crimes and document well what happened here,” he said. “We can present this to the ICC we can request to expand the arrest warrant we can expand the number of victims and number of crimes.” Mr Ocampo was invited to Lango region by Children of Peace, an NGO supporting the vulnerable and victims of the Barlonyo in Lira District I have...
26.03.14 | |