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03 Jul The ICC’s Troubled Track Record on Sexual and Gender-Based Crimes Continues: The Yekatom & Ngaïssona Case (Part 2)
[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...
25 Mar Uniting for Justice: Group Referrals to the International Criminal Court
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....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?...09 Sep More Evidence that the ICC and Peace in Darfur Don’t Mix
...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...22 Apr OPCD Report on Gaddafi’s Situation in Libya
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...
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...20 Sep Use the Sanctions Power Against Bashir
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...
30 Jun The Annexation of Land in Occupied Palestine: Time for International Action
of the Geneva Civilians Convention, “The High Contracting Parties undertake to respect and to ensure respect for the present Convention in all circumstances.” The states party thus bear a collective responsibility to ensure compliance. They convened, in fact, in July 1999 in Geneva, at the call of the Government of Switzerland, to consider Israel’s violations as belligerent occupant in the occupied Palestine territory. That session was adjourned at the request of Palestine President Yassir Arafat to facilitate direct negotiations with Israel, but it could readily re-convene. A conference of the...
11 Aug What Will Gaza Become After Genocide? Restitution, Reparations, and Renewal (Part 3)
...Israel has conspired with the West and with European international law in pursuit of Palestine’s dissolution, both literally and figuratively. Imagine that, prior to the West’s adoption of its Partition Plan, the territory of Palestine covered 100% of historic Palestine. Yet, following the land’s bizarre bifurcation, the Nakba, Israel’s endless wars, the expansion of settlements by both state and settler militias, sequestration, and myriad other technologies of elimination, Palestine is today less than 12% of what it was (and a shrinking fraction of the 45% afforded in the Partition Plan):...
31 Jul Symposium on Unbroken Bond: Tracing the Ties Between African and Palestinian Anti-Colonial Struggles – Solidarity Between the Palestinian Al-Haq and Congolese Action Youth Platform’s Campaigns against Genocide: A Focus on the Politics of Language and Naming
...the historical context of their ongoing suffering and struggle: “Genocost” and “Nakba”. These terms highlight that “genocide” for both Congolese and Palestinians is a continuous process, not a singular event. Many organisations are pushing for campaigns against genocides in DRC and Palestine, particularly Al-Haq and the Congolese Action Youth Platform (CAYP). Due to the campaigns by Al-Haq and CAYP, the term “genocide” has gained traction among social media users globally, deployed to describe the atrocities in both Eastern DRC and Gaza Strip in Palestine. At the time of this writing,...