Comments by Cardon

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africa issue

The ICC doesn't have jurisdiction over the United States or the United Kingdom. So pointing to a failure to prosecute those countries doesn't advance your selective prosecution argument.
8 years 6 days

africa issue

It’s not enough to complain that the ICC hasn’t opened investigations in other parts of the world. There are clear hurdles which cannot be surmounted in many cases. Rather, those arguing that the ICC...
8 years 1 week

Mass Rape issue

Why do you come to the conclusion that the ICC cannot sustain a conviction for mass rape without the testimony from the victims? Carla Ferstman addressed the participation of victims, but not...
8 years 35 weeks

Mass Rape issue

The ICC only prosecutes high level perpetrators. Usually, these are "leadership" crimes; the defendant is accused of instigating mass rape, not of committing it himself. The actual rapist won't be...
8 years 36 weeks

Politics Lecture issue

Professor Steinberg states that one of the objections against his assertion that the ICC should engage in politics is "legitimacy", and he counsels that the court needs to preserve its legitimacy by...
8 years 39 weeks

Mass Rape issue

I agree. Professor MacKinnon's views, which seem to indicate that rape shield laws are paternalistic, may be appropriate in countries where women and men have achieved true gender equality. But I...
9 years 2 weeks

libya issue

Does anyone really think that Saif Gaddafi would get a fair trial in Libya? The stories of Libyan loyalists being found bound and executed in that hotel were a taste of the kind of justice that Saif...
9 years 47 weeks

darfur issue

That seems to be a fairly technical requirement that's easily satisfied. And, prior to the Prosecutor making a request to the Pre-Trial Chamber to confirm an investigation begun proprio motu, the...
10 years 27 weeks

darfur issue

Without grappling with the whole of your comment, I’ll just address your contention that the Prosecutor must maintain a presumption of innocence pursuant to Article 66 (not Article...
10 years 36 weeks

darfur issue

Professor Schabas, In the hypothetical you raise, the State Party who failed to execute an arrest warrant gets off the hook because the charges are later dismissed. I assume that any State Party,...
10 years 38 weeks

gaza issue

I can’t tell where you come down on the issue of whether it’s appropriate for the ICC to calculate their actions in a way to maximize a desired political outcome. You quote the preamble of the Rome...
11 years 2 weeks

gaza issue

Do you think that the ICC should care about the politics? Is it the role of the ICC to take into account the global circumstances and calculate their actions in a way to maximize a desired political...
11 years 3 weeks

gaza issue

Really? Absent a referral by the Security Council of the UN, I thought that the ICC is strictly bound to the jurisdictional limits of the Statute of Rome and can't claim universal jurisdiction.
11 years 4 weeks

gaza issue

I think you’ve placed into sharp relief the issue that’s troubling me. Beyond its value as precedent, if the Prosecutor asserted jurisdiction here, would there by an adverse effect to any of the...
11 years 4 weeks

gaza issue

I argued elsewhere that the bar for considering whether the Palestinians constitute a state should not be high. But in your last paragraph, you seem to treat the issue as if it’s a mere legal...
11 years 5 weeks

gaza issue

Certainly it’s fair to point out that the ICC has institutional concerns and that it operates in a political environment. But shouldn’t their goal—if not the reality—be to try to be purely judicial?...
11 years 5 weeks

gaza issue

Why would you argue for a high threshold? It would seem a low threshold would be more appropriate when you have a party begging for the ICC's intervention. Whose interest is served by having the ICC...
11 years 5 weeks