Search: palestine icc
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,...
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...
25 Feb Artificial Sanctions: Potential Implications of US Sanctions on the ICC’s use of AI and Digital Evidence
connected with the ICC in terms of its technology provisions would seem to be a possible target of US sanctions. If you shut down key operating partners, you shut down, or at least significantly limit the courts’ use of AI particularly around digital evidence and investigations. To offer some context of the use, and ICC’s increasing engagement, with OTP Link submissions including of digital evidence. In a 12 month period (Oct 2023 – Oct 2024) the ICC’s OTP Link digital evidence platform received 74,803 submissions. These 74,803 submissions included a...
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...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...
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...09 Jan Is the EU Adopting a Double-Standards Approach toward Israel and the Palestinian Territories? (Part 1)
...the British mandate ended, and to occupy only that part of Palestine awarded to the Arabs which was contiguous with the frontier of Transjordan. See Sir John Bagot Glubb' "A Soldier With The Arabs", Harper, 1957, pages 63-66. Historian Eugene Rogan says that petitions, from nearly every town and village in Palestine, are preserved in “The Hashemite Documents: The Papers of Abdullah bin al-Husayn, volume V: Palestine 1948 (Amman 1995)”. See Chapter 5, Jordan and 1948, in “The war for Palestine: rewriting the history of 1948″, By Eugene L. Rogan,...
29 Aug Ukraine’s Perspective on the Long-Awaited Ratification of the Rome Statute and What Comes Next
...with respect to the crime of aggression and accepts the ad hoc jurisdiction of the ICC retroactively with respect to the crime of aggression as of 17 July 2018. The ad hoc jurisdiction acceptance is a symbolic gesture, given that the ICC will not be able to try senior Russian leaders in light of Russia’s non-ratification of the RS and Kampala amendments (paras 1 (2) & 2). Cooperation The bill details the process of cooperation between the ICC and Ukrainian authorities. All ICC requests for cooperation should be communicated either...