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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...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...
22 Jan Time for the ICC Office of the Prosecutor to Invoke Article 19(3) of the Rome Statute (1998): The International Criminal Court’s jurisdiction in the Situation in the Philippines
for the OTP to invoke Article 19(3) and seek a ruling on the issue of the ICC’s jurisdiction over the Situation in the Philippines. Invoking Article 19(3) would not be unprecedented. In fact, the OTP has invoked this provision twice to clarify the ICC’s jurisdiction: first with respect to the international crimes allegedly committed against the Rohingya in Myanmar that spilled over into Bangladesh (see the decision here, with Judge Perrin de Brichambaut’s partially dissenting opinion here) and second with respect to the Situation in Palestine (see the decision here,...
15 Apr ICC Prosecutor Symposium: Advice for the Incoming ICC Prosecutor–Engage the U.S. Public Directly
Court within legal circles. Unfortunately, the American Coalition for the International Criminal Court (AMICC) would have been the natural partner in this endeavor, had to reduce activities last year for lack of funds. Surveys of the American public are enlightening when it comes to the ICC and suggest that outreach from the OTP, Court personnel, and other surrogates will be well-received. For example, with the global market research enterprise Ipsos, the American Bar Association’s ICC Project has conducted surveys of the American people for several years now. Some highlights of...01 Aug Emerging Voices: The Preliminary Examinations in Iraq: A Net Loss for the ICC’s Political Capital
...Ukraine. While even Putin has been credited with using the language of international law to justify his invasion of a sovereign nation (albeit disingenuously), the Obama administration has eschewed invoking the ICC in its list of potential solutions to the Russian invasion of Crimea and Eastern Ukraine. Even after The Ukraine declared an acceptance of ICC jurisdiction under Article 12.3 of The Rome Statute, the White House responded with silence. Recent developments at the ICC have not served to placate American concerns. Though the ICC has tried its best to...
12 Feb The Conviction and Sentencing of Ex-rebel, Thomas Kwoyelo, 15 Years On
...practices for comparable charges between the ICC and national courts. Without such standardisation, accused persons might prefer to be prosecuted by the ICC rather than national courts, yet the ICC lacks the capacity to handle all cases. Therefore, more standardised sentencing practices between the ICC and national courts should be considered to reduce these disparities. Defences Kwoyelo, like Ongwen, argued that he was abducted by the LRA as a child, indoctrinated, and forced to commit crimes under duress (Kwoyelo Judgment para 111). However, Uganda’s criminal law does not recognise duress...
11 Apr ICC Prosecutor Symposium: Against Modesty at the ICC
expressivist functions of condemnation and non-acquiescence. Ultimately, it would call into question the point of having the ICC in the first place. Focusing only on investigations that align with immediate state interests may elicit short-term cooperation. However, those are the cases most likely to be viable in domestic courts—whether in the host state (perhaps with external support), or in a third state. The ICC’s marginal contribution in such contexts is likely to be minimal. Furthermore, there is only minimal evidence of the ICC’s capacity to deter non-state actors from committing...