Search: palestine icc
02 Sep ‘State of Exception’: Judicial Discretion and the Amicus Curiae Mechanism in the ICC’s Palestine Proceedings
Gallant, and Palestine, which accepted the Court’s jurisdiction under Article 12(3), is seeking the Court’s support rather than challenging its jurisdiction. As the State of Palestine noted in its 2020 observations regarding the scope of the Court’s jurisdiction, and again in its recent observations to the PTC regarding the Oslo Accords: [T]he need for Palestine to seek the jurisdictional assistance of the Court in order to bring to justice crimes committed on its territory results from the unlawful occupation of its territory by Israel, which has deprived Palestine of its...10 Apr Unexploded Legal Ordnance [Updated]
complicated for the ICC when counsel for the acquitted Mr. Bemba filed an extraordinary claim for compensation and damages after the exceedingly controversial reversal of his conviction on appeal. The defence’s argument stands on two grounds: (i) an alleged “grave and manifest miscarriage of justice” that triggers the ICC’s discretionary power to award compensation under Article 85(3) RSt; or, alternatively, (ii) the losses caused to Mr. Bemba by the ICC’s alleged negligence in the management of his frozen assets, which give way to compensation pursuant to the ICC’s inherent powers....
10 Aug Doing Justice to History Symposium: Judicializing History in Jenin? Reflections on the Possibilities of Imagining Palestine Otherwise at the ICC
ICC too faced fierce opposition and support to its jurisdiction. The high stakes of these debates did not deter the ICC as it argued that ‘potential political outcomes alone should not pose any restrictions on the exercise of the jurisdictional activity’. As Sander has also shown in his book, what the ICC found more troubling, was its relationship with states. The Pre-Trial Chamber deferentially noted that seven states had pushed for a finding of no jurisdiction in the case. The only way the ICC could overcome such concerns was by...
08 Apr ICC Prosecutor Symposium: The Challenges for the Next ICC Prosecutor
[Luis Moreno Ocampo is the Founding Chief Prosecutor of the ICC (2003-2012)]. In late 2020, the third International Criminal Court (ICC) Prosecutor will be appointed. One thing is certain: she/he will face new challenges. Should the new Prosecutor open an investigation in Venezuela? Or against British personnel in Iraq? Burundi, Philippines or Georgia? What should be the focus of the Afghanistan and Palestine investigations? At the beginning of the Office of the Prosecutor (OTP)’s operations the context was completely different: there were doubts about the viability of the entire Rome...
04 Aug Complementarity, Catalysts, Compliance Symposium: Measuring the ICC’s Success Using Complementarity
...opportunity to handle these cases at home in collaboration with the ICC. This is the only way that the catalytic progressive change in post-conflict countries’ legal frameworks and institutions mentioned by Christian will come to fruition. Long before the ICC’s intervention, the DRC’s experience in prosecuting serious crimes was such that the President’s invitation to the ICC to investigate and later try the suspects appeared odd. The question that this invitation poses – and which should have been asked at the time – is, “When the ICC intervenes in such...08 Aug Behind the Scenes of the Darfur Referral — and Thoughts on the ICC’s “Gravity” Requirement
the principle of complementarity, has been favoured publicly by the ICC prosecutor who sees the ICC for state parties as a court of last resort. The ICC prosecutor cannot as such investigate these cases as the UK is willing and able to prosecute crimes falling covered by the ICC statute. Thus the decision has much less to do with pro western policy and number of victims.... Matthew Gross I don't think the evidence would bear any prosecutions of US officials in Operation Condor. Those documents so far obtained show little...04 Aug Can the PA Ratify the Rome Statute? (A Response to Eugene)
...of governance for the duration of the (ostensibly temporary) occupation. I see no reason, therefore, why Israel’s occupation of the West Bank and possible occupation of Gaza would have any impact on the OTP’s decision to accept or reject the Palestinian Authority’s ratification of the Rome Statute. Even if the state of Palestine is completely occupied by Israel — which Israel obviously rejects — the government of Palestine is still the government of Palestine. Indeed, the only way that wouldn’t be true is if the state of Palestine suffered debellatio,...23 Aug The Multilateralist’s Persuasive Defense of the ICC: The U.S. Doesn’t Have to Worry About the ICC, As Long as It Stays Out of the ICC
makes some good points. But there is a certain irony in this kind of defense of the ICC for someone who (probably) supports eventual U.S. ratification of the ICC statute, since it depends on the U.S. continuing to stay out of the ICC. It is true that the U.S. has not been the subject of an ICC investigation yet. But I think even Bosco would concede that the main reason the U.S. has not been the subject of an ICC investigation is because the U.S. refused to join the ICC....02 Nov The ICC, the Monetary Gold Principle and the Determination of the Territory of Palestine
[Álvaro Rueda Rodríguez-Vila is a graduate in law (Bachelor, UNED) and in human rights (LL.M., Maastricht University).] In an article published on June 16, 2020, Dapo Akande argued that, assuming that Palestine is a state, the Monetary Gold principle is applicable to the International Criminal Court (ICC or the Court) in the situation of Palestine as to the determination of the Palestine territory because of the territorial dispute between Palestine and Israel. In his words “A judicial determination by the ICC as to whether particular territory in dispute falls under...
06 Aug Symposium on The Principle of ne bis in idem in International Criminal Law: ne bis in idem in the Age of Accountability for Atrocity Crimes – Lessons from Ukraine
...principle of ne bis in idem and the principle of complementarity in the ICC through the lens of the ongoing criminal proceedings against four Russian military commanders subject to ICC arrest warrants. Domestic Proceedings Against ICC Suspects Through the Lens of ne bis in idem Out of the six outstanding arrest warrants at the ICC against the senior Russian leadership, it is peculiar that four suspects, namely Valery Gerasimov, Sergei Shoigu, Sergei Kobylash and Viktor Sokolov, had already been subject to criminal proceedings in Ukraine. The fate of these proceedings...