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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...
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...
19 Apr ICC Sanctions Symposium: The United States of America, Racism and Sanctions Meet at the International Criminal Court
argued elsewhere, the bar for international criminal justice good manners is not so low as to require fawning praise of the Biden administration for revoking EO 13928 and lifting sanctions against Ms Bensouda and Mr Mochochoko. If any praise should be due, it should be because of how the USA handles its relationship with the ICC going forward. As Dianne Marie Amann argued shortly after EO 13928 was revoked, ‘[E]ven as today’s recission allows resumed assistance to the ICC, the administration’s action also must spur an overt commitment that U.S.-ICC...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...
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...