Comments by danterzian
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- Taku: The targeting of Africa by the ICC during its close to two decades of existence was inappropriate. The criticism that the exclusive targeting of Africa was a subterfuge by former colonial powers to recolonise Africa through international criminal justice at the ICC was not without merit. The EU-ACP Cotonou Agreement conditionality on ICC memberships for EU cooperation assistance was condescending and tantamounted to economic and political blackmail. The ICC did not represent the face of the... (more)
- 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)
Mass Rape issue
Professor MacKinnon, you write that the Trial Chamber's decision on witness proofing "cuts survivors off from the support of lawyers." Without this support and in a foreign environment, you continue...libya issue
I should have been more explicit. I meant that maybe Article 17 should not be the point of reference for when the Security Council refers matters to the ICC. Nothing in the Rome Statute states what...libya issue
One thing I've been thinking about (but haven't researched): Why must Article 17 govern whether the ICC can hear the case, or whether it must defer to the Libyan government? One of the ICC's purposes...prevention issue
Professor Goldstone praises the ICC as the world's best hope for preventing crimes against humanity. But it's just that: A hope. He argues that the key to achieving justice and preventing crimes is...prevention issue
Argument The ICC’s threat of punishment, while disincentivizing prospective criminals from committing crimes, ineffectively disincentives current...oversight issue
I take your point regarding ICJ decisions; maybe many take these non-binding decisions as law. But ultimately, I disagree on construing "recommendations" as obligations. Though some may desire a more...oversight issue
The oversight mechanism allows the Assembly to meddle in the Court's affairs. This is absolutely true. But this meddling poses little danger to the Court's functioning. Like the ICJ's advisory...oversight issue
The IOM Operational Mandate’s proposed oversight mechanism is a constitutional restriction of prosecutorial independence. Introduction...darfur issue
Scott McDonald, I disagree. The Security Council created the ICTY and ICTR. Because of that, there is neither state practice nor opinio juris for the customary law that heads of state generally do...darfur issue
The Peace and Justice Initiative argues that customary international law lifts Head of State immunity in cases of international crimes before international tribunals. I disagree. I do not believe...gaza issue
I find part of Herzberg's argument troubling. She essentially argues that because (1) the Rome Statute must not allow grave crimes to go unpunished and (2) the PNA and Arab League frequently commit...darfur issue
Professor Paust, I disagree. I believe current heads of state like Al Bashir still possess immunity for international crimes before international tribunals under customary international law....darfur issue
I would argue that this conflates the issue: Whether sitting heads of state have immunity for genocide and whether they have immunity for international crimes generally are two separate questions....darfur issue
Professor Gaeta, I would argue that the Security Council’s referral of the Darfur matter to the ICC removed the immunities of incumbent foreign heads of state in the Darfur matter....darfur issue
Professor Schabas, I agree with you that Article VI of the Genocide Convention controls which courts have jurisdiction to adjudicate violations of the Genocide Convention. I also believe that...darfur issue
I agree, in part, with Professor Schabas: I do not believe genocide has occurred in The Sudan. I ground my belief in the fact that the Commission of Inquiry on Darfur “concluded that the...darfur issue
Personal Immunity and President Omar Al Bashir: An Analysis Under Customary International Law and Security Council Resolution 1593 Argument...gaza issue
Alma, I agree that Professor Tomuschat’s impartiality was compromised by his legal work for the PLO; however, absent that legal work, I’m unsure if Tomuschat’s academic work...gaza issue
The recent UN Watch report “Goldstone II: Questions on the Impartiality of the U.N. Tomuschat Committee”argues Professor Tomuschat violated his U.N.-imposed impartiality obligations by...gaza issue
Professor Bassiouni asserts that the PLO withdrew its claim of statehood in the 1993 Oslo Accords. I’m hesitant to agree. Two principles of the Oslo Accords were that (1) Israel would withdraw its...gaza issue
Although I generally agree with Professor Quigley, especially regarding institutions impliedly treating Palestine as a state (e.g., “[t]he U.N. High Commissioner for Human Rights mak[ing] services...gaza issue
To me, the UN’s analyzing the obligation of the “de facto Gaza authorities” (i.e., Hamas) and Palestinian Authority to investigate war crimes in the Gaza Strip implies an acknowledgment of...gaza issue
Does anybody think Palestine’s request for ICC jurisdiction over crimes in the Gaza Strip is playing a role in the resumption of Israeli-Palestinian peace talk? My intuition says “yes,...gaza issue
You argued that ICC’s purpose is to ensure that crimes don’t go unpunished, while simultaneously arguing that the ICC wasn’t designed “to pass judgment and determine which side is right and which is...gaza issue
Even though Palestinians may not have satisfied the statehood requirements at the time of its independence proclamation, what if we view fulfilling the statehood requirements as a process, as opposed...gaza issue
Professor Yaël Ronen argues that the main obstacle to establishing a Palestinian state is that “neither the [Palestine Liberation Organization (“PLO”)] nor the [Palestinian National Authority] claims...