Search: palestine icc

...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...

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...

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...

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...

...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...

...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,...

...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...

Office of the Prosecutor (OTP) of the International Criminal Court (ICC) has held several regional cooperation or technical cooperation seminars with the African Union Commission (AUC) and Non- Governmental organizations (NGOs). Examples of these seminars include the 2019 joint ICC and Institute for Security Studies (ISS) seminar on witness management in Africa. The OTP should continue organizing high level seminars on fostering cooperation with the ICC, joint African Union (AU)/ICC seminars, and retreats as a way of promoting dialogue and cooperation with the ICC and understanding the ICC’s Jurisdiction. The...

...Enjoy! Luis Moreno Ocampo, The Challenges for the Next ICC Prosecutor David Crane, The Chief Prosecutor: Diplomat, Politician, Leader, Manager, and Lawyer Liz Evenson, The Next ICC Prosecutor Should Resolutely Hold the Most Powerful to Account Christian De Vos and Mariana Pena, Electing the Next ICC Prosecutor: A Generational Opportunity, Stephen Lamony, The Next ICC Prosecutor Geoff Dancy, Evaluating the ICC’s Chief Prosecutor Tom Dannenbaum, Against Modesty at the ICC Douglas Guilfoyle, How do we assess the performance of the ICC’s first Prosecutors? William Schabas, ICC Prosecutor Symposium: The Search...

be possible. Also, surely two years of active is sufficient time to say "justice delayed is justice denied." Milan Markovic I wonder if Ocampo is overstating the importance of the General Assembly's determination. Isn't the key question whether Palestine was a state when it filed its declaration under Article 12(3) of the ICC Statute in January 2009? If Palestine was not a state, then its declaration was invalid and the ICC would not have jurisdiction over any crimes committed on Palestinian territory. Moreover, if Palestine joins the ICC after it...

...Opinion of 5 February 2021, Annex I to the Decision of ICC Pre-Trial Chamber I on the Court’s territorial jurisdiction in Palestine). In fact, “Palestine” as an administrative and political entity was first created after the British occupation in 1918 and formally approved in 1922 by the Council of the League of Nations. Under Ottoman rule, there has been no administrative entity known as “Palestine”. Rather, the territory had been divided between the three sanjaks (districts) of Jerusalem, Nablus and Acre. As Shaw demonstrates, relying on Crawford, no mandated territory...

...the ICC under article 12(3) of the Rome Statute, for ‘acts committed on the territory of Palestine since July 1, 2002’. Three years later the ICC Prosecutor declined jurisdiction, citing a lack of clarity around the status of Palestinian statehood. In January 2015, the Government of the State of Palestine lodged another declaration accepting the jurisdiction of the ICC, this time over alleged crimes committed ‘in the occupied Palestinian territory, including East Jerusalem, since June 13, 2014’. It wasn’t until February 2021 that the Pre-Trial Chamber I had confirmed that...