Search: palestine icc
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...
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...
07 Aug Reflections on the Symposium on The Principle of ne bis in idem in International Criminal Law by Gaiane Nuridzhanian
...of the applicability of ne bis n idem in Article 20(1) of the Rome Statute to midway terminations of proceedings. Article 20(1), to recall, bars the ICC from trying a person who has already been convicted or acquitted for the same conduct by the ICC. The specific question is whether termination of the case by the ICC without an acquittal or conviction bars future trial by the ICC of the same person for the same conduct. For example, in Ruto and Sang case the ICC declared a mistrial, while in...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...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...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)...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...