Search: palestine icc
30 Jan Professor George Bisharat Calls (Again) for an ICC Investigation of Israel
Apropos of Kevin’s recent posts, Professor George Bisharat of UC Hastings Law School takes to the NYT op-ed pages to call for Palestine to join the ICC and seek investigation of Israel’s actions in the West Bank and Gaza. The Palestinians’ first attempt to join the I.C.C. was thwarted last April when the court’s chief prosecutor at the time, Luis Moreno-Ocampo, declined the request on the grounds that Palestine was not a state. That ambiguity has since diminished with the United Nations’ conferral of nonmember state status on Palestine in...16 Oct It’s Time to Take Palestine v. United States of America Seriously
Palestine’s Application. This is because Palestine made an Article 35(2) declaration at the ICJ and referenced Security Council Resolution 9. This means that should the ICJ conclude that Palestine is a state for the purposes of its Statute, then Palestine would have access to the ICJ, and Palestine’s Application could be considered by the Court under Article I of the Optional Protocol to the VCDR to which Palestine and the U.S. are contracting parties even though that treaty entered into force after 1945, when the Statute of the Court entered...
30 Sep The ICC between Delegation Theory and Community Functions: Perils and Opportunities
such as the ICC would operate on the basis of a perfect symmetry between powers possessed by state parties domestically and powers conferred to the ICC to exert its functions at the international level. This is misleading and unsound. For the purposes of this intervention, the crux of the issue before the ICC revolves around whether or not the ICC may exercise its powers to investigate and prosecute international crimes committed on the territory of Palestine by Israeli nationals, notably Prime Minister Netanyahu and Defence Minister Gallant, in the event...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...
06 Aug Symposium on The Principle of ne bis in idem in International Criminal Law: ne bis in idem in the Context of the ICC Cases Arising From the Situations in Africa
crime vs. same conduct. The ne bis in idem is addressed in this book within the context of the ICC cases arising from the situations in Africa following the specifications in Article 20 and I shall review these below. Article 20(1) embodies the intra-jurisdictional aspect of the ne bis in idem principle, as it applies within the ICC itself, barring retrial of persons already tried by the ICC. The author lays down the conditions necessary to apply this section to include a trial of a person before the ICC, a...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...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...
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...