Search: palestine icc
20 Sep Eric Posner on the Coming Death of the ICC
right. The Rome Statute is a treaty. States that have not ratified the Rome Statute have not “agreed” to anything. Because the ICC treaty specifically limits ICC involvement to cases where national legal institutions fall short, the ICC focused its attention on the latter group, which unfortunately were mostly African. In some cases, the African countries invited ICC participation, but in others it was thrust upon them. For example, the Security Council authorized the ICC to investigate Sudan, whose president Omar al-Bashir was indicted for his role in ethnic killings...11 Jul ICC Prosecutor To Charge Sudan’s President with Genocide
...an international crime in the Congo, he could be tried before the ICC, because the Congo has the right to try that person under international law, and it is a party to the ICC statute. But the Congo would not have the right to try George W. Bush, for example, for crimes allegedly committed by some of his subordinates in the Congo, because as a serving head of state he would be immune from Congolese jurisdiction. GWB would likewise be entitled to immunity before the ICC, Article 27 notwithstanding, as...01 Dec Palestinian Statehood and Retroactive Jurisdiction
for statehood. A nice discussion of many of these criteria is found in John Quigley's The Statehood of Palestine: International Law in the Middle East Conflict (Cambridge University Press, 2010). Quigley well argues that the view that "Palestine is not a state suffers from four errors. It disregards historical facts that show Palestine statehood dating from the mandate period. It applies criteria for Palestine statehood that are more stringent than those actually followed in the international community. It fails to account for the fact that Palestine's territory is under belligerent...24 Jun The Problem with “Crossing Lines”
is with the basic premise. I could almost accept a show that gave the ICC a police force; after all, who among us doesn’t wish it had one? But I cannot accept a show that invents an ICC police force that investigates, in the words of one of the executive producers, “topical crimes and illicit global trades such as plutonium poisonings, serial killings, kidnappings, human trafficking and drug smuggling.” Indeed, the two-hour pilot has the “ICC team,” as it’s called — complete with ICC badges — investigating a serial killer...02 Apr John Bellinger’s Op-Ed on ISIS and the ICC (Updated)
year’s Gaza conflict, as some activists have called for. There is no question that ISIS is responsible for horrific international crimes that deserve to be prosecuted. But does it “certainly make more sense” for the ICC to prosecute those crimes than British torture in Iraq, US torture in Afghanistan, and Israel’s vast array of crimes against Palestinian civilians in Gaza? That’s not self-evident. Readers know my skepticism toward the ICC investigating the situation in Palestine, but the expressive value of prosecuting UK or US military commanders and political leaders for...
01 May Reject the Dictator’s Playbook: The Importance of Civil Society and States Supporting the ICC Against Threats by the U.S.
within its armed forces. Second, under the “complementarity” regime in Article 17 of the Rome Statute, the ICC is a court of last resort. Consequently, any country can avoid ICC proceedings by conducting its own investigations and – if warranted – prosecutions. Rather than trying to obstruct the work of the ICC, the U.S. should commit to thoroughly investigating and, where justified, prosecuting cases related to torture, thereby precluding such cases from appearing on the ICC’s docket. Third, U.S. efforts to obstruct the work of the ICC have backfired in...
20 Nov ICC Situation on Libya: The ICC Prosecutor Should Look into Libyan Criminal Proceedings Concerning Crimes Committed Against Migrants
...Prosperi, p.255). ICC jurisdiction over the crimes The crimes also appear to fall within ICC jurisdiction as conferred by the UNSC pursuant to Resolution 1970. In her regular reporting to the UNSC, the ICC Prosecutor, Fatou Bensouda, herself has indicated that serious crimes committed against migrants in Libya may fall within the Court’s jurisdiction, repeatedly affirming that her Office is investigating such crimes (see e.g. here, here, here, here, here and here). Of note, no member of the UNSC has apparently objected to such approach. The stance of the ICC...22 Jan Guest Post: The Palestinian Accession to the Rome Statute and the Question of the Settlements
deferral resolution pursuant to Art. 16 could prevent the judges from addressing the border issue. If the OTP ever did open a formal investigation into Palestine that included settlements, I have little doubt it would avoid focusing on settlements that are in disputed territory. There is enough settlement activity in areas that are indisputably part of Palestine to found a prosecution. The judges could then avoid the legal quagmire by writing something like: "however contested the borders of the state of Palestine might be, there is no question that the...31 Jul African Union Loves Bashir, Hates the ICC
Not surprisingly, the AU has condemned the ICC’s decision to issue an arrest warrant against Bashir for genocide. Equally unsurprising, the new resolution seems to have been adopted with the same kind of back-room machinations that led to the AU’s previous resolution condemning the ICC: Over the weekend, delegates from the AU countries reportedly fought a fierce battle that led to removing language that reiterates previous positions on granting immunity to Bashir in Africa and criticizing the ICC prosecutor Luis Moreno-Ocampo. Bashir was indicted by the International Criminal Court (ICC)...10 Sep The ICC’s Preliminary Investigation in Afghanistan (Updated)
Kenneth Anderson Kevin, thanks for that - very useful. NewStream Dream Professor Heller, I have a fundamental question. Given that the US has not accepted the ICC's jurisdiction, how can the ICC exercise jurisdiction over US soldiers in Afghanistan? Clearly, the US has the right under international law (for better or worse) not to participate in the ICC regime. Now, you may say that because the territory of Afghanistan has accepted ICC jurisdiction, then the ICC can exercise jurisdiction over US soldiers in Afghanistan, but I think that is flawed...