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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.
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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”.

International Criminal Court starts first war crimes trial

26/01/2009 – 9:39 am | One Comment

Today the trial of Thomas Lubanga at the International Criminal Court (ICC) will (finally) begin. After much confusion and delay inter alia regarding the issue of disclosure of evidence from the prosecutor to the defence/judges of the court (we reported earlier here, here and here), the first trial will start after almost three years of preparation with the examination of charges against the founder of the Union …

New judges at the International Criminal Court

21/01/2009 – 11:16 am | One Comment

At the seventh session of the Assembly of States Parties to the Rome Statute of the International Criminal Court, which opened on 19th January at the UN Headquarters in New York, six members of the ICC were elected (see press release).
1. SHAHABUDDEEN, Mohamed (Guyana)
2. SAIGA, Fumiko (Japan)
3. TARFUSSER, Cuno (Italy)
4. MONAGENG, Sanji Mmasenono (Botswana)
5. VAN DEN WYNGAERT, Christine (Belgium)
6. ALUOCH, Joyce (Kenya)
On the first ballot, …

Confirmation hearing in the Prosecutor v. Jean-Pierre Bemba Gombo

09/01/2009 – 10:24 am |

The hearing on confirmation of charges in the case of The Prosecutor v. Jean-Pierre Bemba Gombo is scheduled to commence on next Monday (12 January 2009) before the Pretrial Chamber III of the International Criminal Court.
         The case derives from the situation in the Central African Republic. Mr Jean-Pierre Bemba was arrested in the Kingdom of Belgium on 24 May 2008 and on 3 July …

“The Problem from Hell”

15/12/2008 – 6:05 pm |

Last week the Genocide Prevention Task Force, of the US Peace Institute, published its report “Preventing Genocide: A Blueprint for U.S. Policymakers”, containing a number of recommendations on how future US administrations can actively seek to avoid incidents of genocide. Members of the Genocide Prevention Task Force count, among others, Former Secretary of State Madeleine Albright, who was Secretary of State when US-led NATO forces …

Guest Post: 10th ICTY Completion Strategy report to UNSC

15/12/2008 – 7:23 am |

[In this post Amy Senier returns with a piece on last week's report by President Robinson of the ICTY to the UN Security Council on the Tribunal's completion strategy.]
Last week Judge Patrick Robinson, President of the International Criminal Tribunal for the former Yugoslavia (“ICTY”) delivered the ICTY President’s 10th report on the Tribunal’s Completion Strategy to the UN Security Council.  Pursuant to UN Security Council …

Ban Ki-moon on Human Rights Council

13/12/2008 – 2:29 pm |

This week saw the 60th anniversary of the Universal Declaration of Human Rights. Although immense progress has been made in those 60 years toward the aim of universal respect for fundamental rights, it is often asserted that major setbacks have occurred in the area of civil liberties over the last eight years or so. While these setbacks are often down to state action, or perhaps …