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- Milton Owuor: The Deferral Request Under Article 18(2) of the Rome Statute as an Emerging Tradition in the Context of Complementarity: The Situation in Afghanistan I. Prelude: An Emerging Tradition in Complementarity This discourse seeks to engage critically with the overarching legal issues basically revolving around the deferral request under Article 18(2) of the Rome Statute in the aftermath of the Taliban takeover of power in Afghanistan. Article... (more)
- bulut2023: Using Article 53 of the Rome Statute to Incorporate Alternative Justice Mechanisms into the International Criminal Court’s Jurisprudence and Practice I. Introduction The International Criminal Court (ICC) has faced criticism for failing to incorporate non-Western legal traditions and practices, as well as other alternative justice mechanisms, into its jurisprudence and practice. This criticism is justified, as... (more)
- Sydney Siwinski: Using Cultural Context to Award More Meaningful and Salient Remedies to Victims I. Introduction The Rome Statute mandates both categories of remedies available to the International Criminal Court (ICC) as well as, in many cases, the individuals to whom remedies can be awarded.1 However, the ICC’s interpretation of justice and law comes mostly if not entirely from Western legal... (more)
- diabo: Colonialism and Considering Historical Context in the ICC I. Introduction The International Criminal Court (ICC) has come under the scrutiny of legal scholars for its reliance on Western ideas of justice and its disproportionate prosecution of non-Western actors. This criticism is based in the ICC’s foundational text, the Rome Statute, and the bases for investigation and... (more)
- janinaheller: International Criminal Court: The Potential for Complementarity with the Inter-American System I. Introduction In recent years, international law experts have begun to acknowledge the potential for learning opportunities and collaboration between the International Criminal Court (ICC) and regional human rights systems.1 They have also highlighted the important role that the Inter-American System has been playing over the years in... (more)
- HeavenStrouse: Article 53: Shifting From a Retributive Theory of Justice I. Introduction The western ideal of prosecution and punishment are frequently posited as the only legitimate modes of justice not only within the western world itself, but through the implementation of policies that define the power and effectiveness of the International Criminal Court (ICC). Looking directly at the ICC and the objectives it contends to... (more)
- Maggie Sheerin: A New ICC Justice Reflecting Regional Remedies: Reparations, Reconciliation, and Reform I. Introduction This comment will look at the various ways that the International Criminal Court (ICC) could improve its functionality as a global system, by looking to the regional human rights systems and the ways that they have each pulled from their unique regional histories, to create systems that fit their regional needs and... (more)
- etrevisani: When Non-Incarceration is Enough: Rethinking Inadmissibility Under Article 17 I. Introduction With the creation of the International Criminal Court (ICC) and the parallel development of bold new ideas surrounding restorative justice practices within the legal academy, the end of the twentieth century was a period of dramatic change for international transitional justice spaces.1 These practices reflect robust community... (more)
- karagon: Looking Beyond: A New Understanding of Justice for the ICC I. Introduction The creation of the International Criminal Court (ICC) in 1998 was a milestone in the development of international human rights and forums for their vindication. The ICC is the world’s “first permanent court mandated to bring to justice people responsible for war crimes, crimes against humanity, and genocide when national... (more)
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...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?...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...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...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.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...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...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,...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...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...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...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...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...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...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...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...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.