ICC Forum

Comments by danterzian

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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... 		12 years 42 weeks

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... 		13 years 35 weeks

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... 		13 years 35 weeks

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... 		13 years 42 weeks

prevention issue

Argument The ICC’s threat of punishment, while disincentivizing prospective criminals from committing crimes, ineffectively disincentives current... 		13 years 43 weeks

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... 		13 years 44 weeks

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... 		13 years 48 weeks

oversight issue

The IOM Operational Mandate’s proposed oversight mechanism is a constitutional restriction of prosecutorial independence. Introduction... 		14 years 11 weeks

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... 		14 years 16 weeks

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... 		14 years 16 weeks

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... 		14 years 16 weeks

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.... 		14 years 25 weeks

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.... 		14 years 26 weeks

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.... 		14 years 26 weeks

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... 		14 years 26 weeks

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... 		14 years 26 weeks

darfur issue

Personal Immunity and President Omar Al Bashir: An Analysis Under Customary International Law and Security Council Resolution 1593 Argument... 		14 years 27 weeks

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... 		14 years 31 weeks

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... 		14 years 32 weeks

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... 		14 years 42 weeks

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... 		14 years 43 weeks

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... 		14 years 44 weeks

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,... 		14 years 45 weeks

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... 		14 years 45 weeks

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... 		14 years 45 weeks

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... 		14 years 47 weeks