Search: palestine icc
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...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...
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...
19 Jan ICC Situations Concerning Ukraine and Nigeria: No Room in the ICC Statute for Prioritisation at the Preliminary Examination Stage
...ICC Statute, the possibility of engaging in such type of selection seems to be inconsistent with the overall structure of Article 53. Under Article 53(1) of the ICC Statute the Prosecution’s assessment is confined to jurisdiction, admissibility, and interests of justice. No additional criteria are contemplated. Following a positive determination of the listed factors, the Prosecutor ‘shall’ initiate an investigation (Article 53(1) of the ICC Statute). The term ‘shall’ does not appear to allow for any room for additional discretion for the Prosecutor based on other possible factors, including those...
15 Mar Justice for Victims of Missile Attacks in Ukraine: New ICC Arrest Warrants for Russian Top Military Commanders
link their individual conduct to specific missile strikes by furnishing the ICC judges with the linkage evidence. While it is not possible to review the content of the ICC Prosecutor’s application, which remains confidential, one may speculate that the ICC Prosecutor relied to a great extent on intelligence information to demonstrate that both suspects directed and coordinated the campaign of missile strikes. Domestic Proceedings It is worth mentioning that Ukrainian authorities earlier initiated proceedings in absentia against the two generals who are subject to the ICC arrest warrants. In January...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...26 Apr The Disappointing — If Predictable — CFR Report on the ICC Review Conference
...the ICC determine whether it had committed an act of aggression? My bet is that it would go with the legal body in a heartbeat — which indicates, again, that the problem is not the definition of aggression, but the fact that the definition would not give the US absolute control over the ICC’s docket. And remember, only one of the options presently under consideration by the SWG would allow the ICC to prosecute an act of aggression proprio motu. Other options would condition the ICC’s jurisdiction on the General...04 Aug Colombia, the ICC — and a Twist!
I’ve argued for the past couple of years that the ICC should open a formal investigation into the situation in Colombia, because it is a non-African situation that satisfies most, if not all, of my criteria for situational gravity: (1) crimes committed with government involvement; (2) systematic criminality; (3) socially alarming crimes such as enforced disappearance and torture. Here is a snippet from a June 2009 report by the American NGOs Coalition for the International Criminal Court (AMICC): In response to FARC attacks, landholders and drug dealers organized in 1997...