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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...
19 Apr ICC Sanctions Symposium: The United States of America, Racism and Sanctions Meet at the International Criminal Court
argued elsewhere, the bar for international criminal justice good manners is not so low as to require fawning praise of the Biden administration for revoking EO 13928 and lifting sanctions against Ms Bensouda and Mr Mochochoko. If any praise should be due, it should be because of how the USA handles its relationship with the ICC going forward. As Dianne Marie Amann argued shortly after EO 13928 was revoked, ‘[E]ven as today’s recission allows resumed assistance to the ICC, the administration’s action also must spur an overt commitment that U.S.-ICC...27 Apr Dear Colleagues: We’d Like to Share Some Lies with You About the ICC
appeal acquittals of Americans, so why is the ICC any different? And, of course, there is absolutely no double-jeopardy provision that prevents different states from trying an American again and again for the same crime, while the same is not true of the ICC, which prohibits states from trying defendants convicted or acquitted by the Court and vice-versa. To be sure, as you say, the ICC does not have to defer uncritically to a state prosecution (although states cannot second-guess an ICC prosecution), but that is necessary to prevent states...
17 Apr Duterte, Netanyahu, and Putin: The ICC’s Power Play
as weak, is now forcing global leaders to take it seriously. The ICC has also issued arrest warrants for Israeli Prime Minister Benjamin Netanyahu and Russian President Vladimir Putin. Critics once called the Court powerless, a tool used mostly against African leaders. But now, it is challenging figures from major states, including democracies, and doing so while they are still in power. The key question is whether this signals lasting change or a temporary flex before political reality reasserts itself. The ICC’s Shift from Symbolism to Strategy The ICC is...
23 Jul Obstructing Justice? The ICC’s Libya Investigation, Italy’s Role, and the Release of Osama Elmasry Njeem
...Mr. Njeem for the same charges brought against him by the ICC, despite the absence of any direct engagement between Libya and the Court to assert this claim. Italy invoked the principle of complementarity under the Rome Statute, which allows a case to be deemed inadmissible before the ICC if a State having jurisdiction upon it is actively investigating or prosecuting the same conduct according to Article 17 of the Rome Statute. Italian authorities argued that the ICC had failed to consult Libya to assess its ability and willingness to...19 Aug Assessing Kampala: The U.S. Could Have Done Worse, But Still Did Pretty Badly
persuading the states parties to restrict the ICC’s jurisdiction over aggression in several significant ways that should help protect U.S. interests. However, the Obama Administration’s modest success in Kampala did little to address ongoing U.S. concerns about politicization of the court and illegitimate claims of ICC jurisdiction over U.S. service members and officials charged with war crimes, crimes against humanity, and genocide. The U.S. should not consider ratifying the Rome Statute until all of its serious concerns about the ICC are completely resolved. Rabkin has a similar, but more critical...07 Aug Guest Post: More on Morsi’s Shadow on Palestine’s ICC Efforts
are not ICC members, and its unlikely the international community would seriously sanction Hamas for failure to cooperate. (It also reflects a poor comprehension of complementarity, which would leave the Palestinians much more open to charges given that they have never investigated, let alone prosecuted, their own war crimes). The Palestinians openly seek to use ICC investigations for diplomatic leverage: “Diplomats say they expect the Palestinian plan to join the ICC and set a war crimes investigation in motion to be one of the bargaining chips on the table in...
22 Apr ICC Sanctions Symposium: Implications of Trump Administration’s Sanctions on International Criminal Court Officials
...is also true of how it views the world. Case in point: sanctions levied against African staff at the International Criminal Court (ICC).’ I have worked on and followed the ICC since it initiated its first investigation in Africa in 2004. With the exception of treaty negotiation and immediate treaty signature, the US government has always demonstrated hostility towards the ICC, from withdrawing its signature to the statute to insisting on the so-called Bilateral Immunity Agreements to keeping its citizens beyond the reach of the ICC as soon as it...08 Jul Mark Kersten on Peace vs. Justice in Libya
...that Gaddafi would be focussed on the threat to his life from NATO bombing and rebel advances rather than the threat of spending a few years in the Hague as a result of the ICC arrest warrants? As it stands, we have literally zero evidence that the ICC warrants have determined or persuaded his actions. Gaddafi has not said, for example: “If it wasn’t for the ICC warrant, I would leave” or “A condition of peace is that the ICC drop its arrest warrant against me.” Even if he had...
16 Apr ICC Prosecutor Symposium: The Next ICC Prosecutor Must Embody Integrity in the #MeToo Era
miss the symposium post at Justice in Conflict by Kate Gibson.] The ICC Prosecutor is first and foremost a leader, who needs to stimulate a work culture that empowers personnel in a safe and supportive environment – so that they can investigate and prosecute with excellence. Not only must the next ICC Prosecutor effectively tackle all forms of misconduct, they must also have a clean record. In December, the ICC Staff Union Council called on States Parties to give full meaning to the provisions on high moral character of elected...