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- muma2018: The International Criminal Court should not Respond Politically to South Africa’s Declaration of Intent to Withdraw from the Court If the International Criminal Court responds politically and negotiates with South Africa on the obligation to arrest, the Court will further threaten its credibility and set a negative precedent of political negotiations. In the past few weeks three countries have declared their intent to withdraw from the... (more)
- magli: Do African ICC Parties Wish to Withdraw from the ICC? Let Them Leave! The purported withdrawal of a small number of African states from the ICC has created a rather unacceptably high degree of hype, which obscures the undeniable positive developments that the international criminal justice has achieved. International criminal justice is a project, which, for better or for worse, has been principally... (more)
- kbanafshe: What are the Consequences of Withdrawing from the International Criminal Court? In the past decade millions of African lives have been lost; this is due to a series of gross genocidal campaigns and humanitarian crimes that have swiftly taken place across the nation. The integral role of the International Criminal Court (ICC) is to administer justice, punish perpetrators of crimes and deter future atrocities from taking place. That being said a number of critics... (more)
- isaac.brown: The Registry Should Focus Outreach Efforts on States Parties at Risk for Withdrawal from the Rome Statute The Assembly of States Parties should provide more funding to the Registry for its outreach function. The registry should expand its operations beyond situation states to states parties seen as a risk for withdrawal. This outreach strategy should focus on States where the governments are sufficiently democratically accountable for public... (more)
- Katelyn_Rowe: The ICC Should Investigate More Non-African Countries to Dissuade Other African Withdrawals Summary In order to dissuade additional African countries from withdrawing from the International Criminal Court, the Office of the Prosecutor should open more investigations in non-African countries, particularly Colombia, because this may counter the current geopolitical bias narrative that Burundi has used to justify its... (more)
- Shirin.Tavakoli: Traditional Justice Mechanisms Can Satisfy Complementarity Summary The recent decision by the governments of South Africa, Brundi, and Gambia to leave the International Criminal Court (“ICC” or the “Court”) has created various reactions from the international community. One main reason that these countries’ notice to withdraw is significant is the fear that other African nations will soon follow their footsteps and... (more)
- emrenslo: Sanctions as a Penalty for Withdrawing from the ICC Summary Targeted sanctions should be imposed by states parties of the ICC on the leaders of Burundi and Gambia, and not ruled out against South Africa, as a result of these countries announcing their intent to withdraw from the ICC. Argument In recent weeks, the governments of the Republic of Burundi, the... (more)
- Mehrunisa Ranjh: Diplomacy as a Response to ICC Withdrawals Summary The International Criminal Court (ICC) should deploy a strategy of radical diplomacy in response to the recent withdrawal from the court of South Africa, Burundi, and the Gambia, before taking any action that could potentially compromise the integrity, independence, or enforcement power of the court. Argument South Africa, Burundi, and the... (more)
- taylmer: From what I have noticed, African nations are seeing crimes against humanity being committed by Western countries, with little being done to show accountability. African nations believe they are being targeted, and by many accounts that's exactly what has happened. African nations appear easy to target. Western nations appear much harder, due to their legal systems still being intact. One example is that of Australia. Asylum seekers and refugees are being tortured in detention centres, with... (more)
- Terminusbound: I Support the Withdrawal. The logic that underpins the African states decision to withdraw from the ICC is not that the ICC is a racist institution. The Logic addresses the basic problem that the ICC is a impotent outside of the context of third world states. It is not that the ICC only wants to prosecute Africans, it is that the ICC can only prosecute Africans. The ICC has no power to prosecute living European war criminals or American war criminals. The ICC has no power to prosecute living... (more)
Comment on the Withdrawal Question: “In recent weeks, the governments of the Republic of Burundi, the Republic of South Africa, and the Islamic Republic of the Gambia have announced their intention to withdraw from the ICC. How will this affect the emerging system of international criminal justice in the short and long term? What steps might be taken to strengthen that project?”
I think the jurisdiction of the court is and remains available. The thought a judiciary exists globally where non member states cannot use the jurisdiction of the icc goes against the intent the international body of courts exist. The icc is not an appeal function, yet has been used as one on their request for answer to their courts rulings, naturally this process nominated is sound and clearly impartial to the three law courts combining rules, furthermore the court is also in the case I am thinking about not ruling for any other member state. Therefore the three jurisdictions seeking to exist the agreement is merely jurisdiction they possess to use and does not deny their right to use icc in any event.
For the above reasons the withdrawal should not be a debate.
Nowhere under any code or statute of Rome law act allows to deny or specifically includes to deny the right of any state to exercise process on own motions that any other state member or not does possess. The prosecutors office can be excluded where local law is engaged by direct indictment.
The rights of the accused is best served locally. The direct indictment process specifically denies prosecutors are needed. The court is, is the translation of direct indictment.
Direct indictment to a prosecutor don't exist.
Even though prosecutors and law makers alike have taken approach they can intervene or have control etc. For want of jurisdiction the people possess has consequence.
A government minority whatever is not minority protected human. In fact many times governments moved around claiming is another states government and people replied hell no as an appeal law act.
The only one six continants all agree ain't equal is the fabricated they dreamed up seventh one that don't exist.
In fact they all came from east and west across oceans claiming are minorities to be protected.... while forgetting their customs hated or not. Their foriegnors wanting another to heel.
The continant or countries of North America is an insane asylum of land jail. For locals, and where ya are from.
What occured on North America is equal to Magna carte times where welsh and gal is and Anglo need Italian and didn't read, still don't read Italian.
Scotland had visitors from across Europe. We didn't change our name or education or language or way of life. You visitors accepted where you are truly Scotland to Scotland.
Know when Scotland learned to spell Scotland. After other did first in their noises.
Seeing six continants copy cat what outside Scotland did all equals. Was expected. Seeing a seventh exist from six continants minds was not scotlands plan or idea or fault or medical condition called magic or illusion or delusion etc.