Home » Archive by Category

Articles in ICC

Perpetual Conflict between Human Rights and Politics in the Development of International Criminal Justice

20/04/2009 – 8:53 am | 2 Comments

The existence and development of humankind on this planet has never been an egalitarian process. This partly explains the birth and development of law and legal institutions to regulate the conduct and behaviour of mankind in its intercourse with one another. Admittedly the existence of law and legal institutions does not attest to the quality of justice attained at any stage in the development of …

International Idealism Meets Domestic-Criminal-Procedure Realism

17/04/2009 – 7:50 am |

This is the title of a paper by Professors Stephanos Bibas and William Burke-White just posted on SSRN. For readers with an interest in international criminal law this is a must read. In their paper, Bibas and Burke-White, inter alia, argue that scholarship dealing with international criminal law has to a large extent overlooked procedural issues. Moreover, the authors argue, which is a very valid …

Irish Centre for Human Rights – Summer Schools

16/04/2009 – 11:52 am |

[Below you will find an announcement for this year’s summer schools organized by the Irish Centre for Human Rights. I can really recommend these summer schools. They gather a number of very interesting scholars and practitioners, are very well organized, and take place in the beautiful surrounding of the city of Galway. Thanks to Maria Varaki for this reminder!] 
Irish Centre for Human Rights
Summer Schools
The Irish …

Does the ICC target Africa?

02/04/2009 – 2:54 pm |

[The following is a guest post by Lorraine Smith, IBA Programme Manager (ICC) on the “Equality of Arms Review (EQ)”, a new regular publication that features news, opinion pieces and important information designed to spark discussion and increase awareness of the ICC]
“Does the ICC target Africa?” This is the title of an interesting and timely opinion piece by Justice Richard Goldstone, former Chief Prosecutor of …

Sudanese President’s Indictment: Justice or Neo-Colonialism?

09/03/2009 – 2:03 pm | 2 Comments

On the 4th of March 2009, after seven months of deliberation, the International Criminal Court charged President Omar Hassan al-Bashir of Sudan with war crimes and crimes against humanity in the violence that has engulfed the Darfur region in recent years. But he escaped the charge on genocide at least for now, as the ICC has made it clear that the charges could also be …

ICC asks the Prosecutor to amend the charges against Jean-Pierre Bemba Gombo

09/03/2009 – 11:00 am |

Last week much attention at the ICC has been devoted to the confirmation of arrest warrant against Omar al-Bashir, while less attention has been paid to the important decision of the Pre-trial Chamber III to adjourn the confirmation of charges hearing in the case of The Prosecutor v. Jean-Pierre Bemba Gombo and to ask the Prosecutor to consider submitting an amended document containing the charges. …

Iran Attempting Gaza Investigation

06/03/2009 – 9:40 am |

In a week when much of the international law attention has been focused on the ICC and its arrest warrant against President Bashir of Sudan, little attention has been afforded to the news that Iran is currently hosting a conference looking into the possibility of seeking prosecution of a number of Israeli officials for alleged “war crimes, invasion, occupation, genocide and crimes against humanity”, in …

Prosecutor v Omar al Bashir

04/03/2009 – 8:34 pm | 5 Comments

As reported, the Pretrial Chamber of International Criminal Court has earlier today confirmed an arrest warrant for Omar al Bashir, the incumbent president of Sudan, for crimes against humanity and war crimes but not for crime of genocide against the Fur, Masalit and Zaghawa ethinc groups. Albeit a number of practitioners and experts of international criminal law foretold that the Pretrial Chamber would not issue …

ICC Issue Arrest Warrant for Bashir

04/03/2009 – 1:43 pm |

The Pre-Trial Chamber of the ICC today partly approved the request for an arrest order for President Al Bashir of Sudan. The warrant, requested by the Prosecutor Luis Moreno-Ocampo, relate to charges of crimes against humanity and war crimes but not genocide as requested by the prosecutor. In a press conference held today, the Registrar reiterated that the Court’s decision is purely legal and not …

ICC Decision on the Indictment of Sudan’s President and Possible Outcomes

27/02/2009 – 12:35 pm | One Comment

Speculation is rife on the eve of the decision of the International Criminal Court (ICC) expected to be released on the 4th of March 2009, about the issuance of an arrest warrant for Sudan’s President, Omar Al Bashir. Last year, chief ICC prosecutor Luis Moreno Ocampo asked the court’s judges to indict Bashir for orchestrating what he described as a campaign of genocide in Sudan’s …

Sloane on Jus ad bellum and in bello

19/02/2009 – 12:19 pm |

Following discussions in relation to the legality of the armed conflict in Gaza and the alleged violations of international law by the two belligerents (see here, here and here), some of you might find Professor Sloane’s recent paper, titled “The Cost of Conflation: Preserving the Dualism of Jus ad Bellum and Jus in Bello in the Contemporary Law of War”,  just published in Yale Journal …

Article 12(3) of the Rome Statute: An intrinsic misnomer?

16/02/2009 – 7:53 pm |

* This post was co-authored with Benjamin Agsteribbe, formerly of the University of Amsterdam, and currently a researcher at HaMoked – Center for the defence of the individual in East Jerusalem.
—-
Some of our, and others’, previous posts have taken to outline the main legal issues that arise of the recent declaration submitted by the Palestinian Ministry of Justice in acceptance of the jurisdiction of …

Arrest Order for Bashir Approved

12/02/2009 – 11:31 am |

NY Times reports that judges at the ICC have now approved the arrest warrant for President Omar Hassan al-Bashir of Sudan. We have previously blogged on the issue here and here. The decision has not yet been made public. It is the first time that he Court is seeking the arrest of an incumbent head of state.
The matter is, as noted by Julian Ku, controversial …

The ICC and Palestine

11/02/2009 – 12:29 pm |

Following Dominik’s post below with regard to the Prosecutor of the ICC launching a “preliminary analysis” into the fighting in Gaza and the applicability of the ICC Statute, it might be worth directing the attention of our readers to the website of the ICC where you can find the actual documents relating to this “preliminary analysis”. Here you may find the letter from the Palestinian …

The ICC prosecutor takes a (preliminary) look at the Gaza Strip

04/02/2009 – 10:08 am | 9 Comments

Just as the first-ever trial at the ICC got on its way, several news agencies reported early this week that the prosecutor of the court would conduct a “preliminary analysis” of alleged crimes committed by Israelis during the recent offensive in the Gaza Strip (AFP; IHT; AP). Leaving the obviously one-sided character of the underlying allegation aside for a while let me briefly address some …

Spain to Curb Universal Jurisdiction

03/02/2009 – 3:57 pm |

Jurist reports that the Spanish government is contemplating limiting the scope of its universal jurisdiction. The principle of universal jurisdiction does away with traditional conditions for a state wanting to exercise jurisdiction in criminal cases (such as for a personal or territorial condition to be present), and stipulates that the state has jurisdiction regardless of where the alleged offence took place, regardless of nationality of …

Can video help bring a warlord to justice?

31/01/2009 – 9:47 am |

As readers of this blog are well aware, the trial of Thomas Lubanga Diylo is the first trial at the ICC, what you may not know is that it is also the first time that video has played an integral role in bringing a warlord to the court. Though there is debate about whether the charges against Mr. Lubanga are the “most heinous crimes which …

Coverage of the Lubanga trial

28/01/2009 – 4:59 pm |

For more information on the ongoing trial of Thomas Lubanga at the ICC, you may want to visit the newly created website lubangatrial.org, an initiative from the Open Society Justice Initiative. The website promises daily updates on the trial from the courtroom, as well as “regular legal analysis and commentary on the Lubanga case”.