Comments by HarryBlotter
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- BellaSalcin: The Rome Statute Attempted to Remedy Previous Ad Hoc Tribunals’ Impingement of Sovereignty: Did it Succeed? I. Introduction The International Criminal Court (ICC), a permanent international court tasked with investigating and prosecuting grave “crimes of international concern” committed by individuals, entered into force when the Rome Statute was ratified by... (more)
- Sara Strama: What Can the Al Mahdi Case Tell Us About the ICC as a Political Actor and Whether the ICC Can Reconcile That with Its Judicial Nature? I. Introduction The International Criminal Court (ICC) suffers from a crisis of legitimacy and appeal; in more than two decades of operation, there have been few achievements. It is enough to consider some numbers: 31 trials, 4 acquittals, 10... (more)
- Emily Robbins: ICC as an Unwitting Political Instrument: How African Leaders Have Used the ICC for Their Political Gain I. Introduction Since entering into force on July 1, 2002 the International Criminal Court (ICC) has strived to end impunity by bringing justice to the victims of the world’s worst crimes. These crimes are the crime of aggression, war crimes, crimes against humanity, and genocide.1 The... (more)
- Gia Song: The Politicization of Case Selection at the International Criminal Court: A Chinese Perspective I. Introduction The International Criminal Court (ICC), established under the Rome Statute, has the objective of ending impunity for those responsible for the gravest crimes of international concern, including genocide, war crimes, and crimes against humanity. Despite the ICC’s assertion that... (more)
- Max Kremser: How Have the African Unions Policies Opposed the ICC, and to What Extent Were They Successful in Impacting the Institution? The International Criminal Court (ICC) was founded in 2002 as the first permanent international court to prosecute individuals for genocide, war crimes, crimes against humanity and the crime of aggression.1 Its creation was driven by the international community’s growing recognition of the need to address impunity for... (more)
- MarieTomavo: Legitimacy: How the ICC Can Maintain Its Legitimacy While Dealing With Political Pressures From Powerful Actors? I. Introduction According to the International Criminal Court (ICC) website, the ICC is an independent court that is not subject to political control, “its decisions are based on legal criteria and rendered by impartial judges in accordance with the provisions of its founding treaty,... (more)
- JJSears: Does Maximizing Deterrence Require that the ICC Ignore Political Considerations? Introduction The Preamble to the Rome Statute identifies the deterrence of atrocities as the constitutive aim of the International Criminal Court (ICC),1 and emphasis on the importance of this function has only grown larger since the constitution of the ICC.2 Yet, disagreement abounds about... (more)
- Vanessa Vanegas: Constructive Politicization: The ICC’s Role in Colombia’s Peace Process I. Introduction The International Criminal Court (ICC), conceived under the Rome Statute to prosecute perpetrators responsible for the most serious crimes of international concern,1 is the first permanent international criminal tribunal. Committed to impartiality, it positions itself as an independent and... (more)
- Holly Duffy: The People are Waiting for Justice: Impunity and International Rule of Law Introduction I am responding to the question of whether the International Criminal Court (ICC) is a political institution from the Twenty-third Session of the Assembly of State Parties (ASP) in The Hague, Netherlands, where approximately 124 member states, in addition to invited non-member states, and numerous non-governmental organizations (NGOs) gather each year for just... (more)
- Benjamin Zaghi: Hypothesis: The International Criminal Court Judges Are Influenced by the States that Appointed Them The International Criminal Court (ICC) was founded on July 1, 2002, becoming [T]he first permanent, treaty-based international criminal court established to help end impunity for the perpetrators of the most serious crimes of concern to the international community.1 The ICC is “[g]overned by an... (more)
- Elisabeth VT: Room for Prosecutorial Political Considerations Within the Rome Statute: An Instrumental Use of the “Interests of Justice” I. Introduction The International Criminal Court (ICC) was established with the purpose of serving as a purely legal institution capable of successfully prosecuting and deterring the most heinous atrocities.1 This goal has proved ambitious: the ICC, being an international... (more)
gaza issue
You incorrectly asserted that "Only states negotiate borders." Provinces do negotiate borders with the state authorities. Local authorities also negotiate borders with the state authorities.gaza issue
Three years ago you correctly said: "The Rome Statute's preamble states that "the most serious crimes . . . must not go unpunished . . . ." The Statute further states that the States Parties are "...gaza issue
A crime against humanity is always also a war crime. The exception to this would be if the offender was a state not a signatory to the Geneva Conventions. Israel is not a signatory to Conventions III...gaza issue
You claim that the ICC "prosecutor has in hand a consent declaration from the state on whose territory the alleged crimes were committed". There are at least four possible entities here, which of...gaza issue
If for the sake of discussion we accept that Palestine is a state, must we also accept that the Treaty of Oslo that it signed is determinative for most of these legal issues?gaza issue
Professor ICC jurisdiction is secondary to the jurisdiction of the state involved and the role of the ICC is to address issues beyond the ability of that nation's judiciary. Let's accept for the...gaza issue
Your points are both insightful and accurate. It is even a bit more complex. Gaza is not a member of the ICC. Gaza is not "Palestine". The primary question may be: if Gaza is a state is the West Bank...gaza issue
The UN was created for exactly the purpose you describe. By the UN Treaty, only the UNSC may so act on behalf of the "international community". The UN Charter makes it clear that only the UNSC has...gaza issue
You made excellent points. The fundamental question here is if the ICC stands for International Criminal Court or if it stands for the International Civil Court? Does a criminal - or does a civil...