Search: palestine icc
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...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 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...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...
21 Feb Workplace Misconduct at the ICC – A Call to Action for Compassionate Leadership (Part II)
...behalf of WIGJ at the ICC NGO roundtables to ICC officials from all organs, and NGOs from the Coalition for the ICC, on workplace misconduct and the critical challenge of chronic underreporting, from the perspective of complainants. This was a closed meeting, but no fewer than three NGOs spoke about this issue, and never before has such an emphasis been placed on workplace wellbeing in this type of an ICC NGO consultations; the Court’s Coordination Council created a Focal Point on Gender Equality for the Court in December 2020, and...
08 Apr The False Premise Sustaining Israel’s West Bank Claim – Part II
All-Palestine Government issued a Declaration of Independence from Gaza City. The document declared “the full and complete independence of all Palestine”. In addition, a Provisional Charter of the Government of All Palestine was adopted, which explained that the All-Palestine Government was “the legitimate administration for the exercise of all legislative, judicial, and executive powers in pursuance of this Charter within all the boundaries of Palestine as established before the termination of the mandate on 15 May 1948”. The Provisional Charter added that “Jerusalem is the capital of the Government”. When...28 Apr Taking Complementarity Seriously: Why is the International Criminal Court Not Investigating Government Crimes in Congo?
ICC not investigated Kabila and his supporters? The answer lies in the OTP’s contorted reading of complementarity. The ICC and Complementarity Complementarity is the structural principle that regulates the ICC’s relationship to states like the DRC. Unlike the ad hoc tribunals for Rwanda and Yugoslavia, the ICC is not supposed to simply assert jurisdiction over high-profile suspects or cases that it considers particularly grave. The ICC’s jurisdiction is only ‘complementary’, which means it gives priority to genuine national proceedings (Article 17, Rome Statute). To invoke a metaphor frequently used by...