Comments by Alma Pekmezovic
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- Muhammad Muzahidul... Summary Gravity issue is very important both for the Office of the Prosecution (OTP) and the International Criminal Court (the Court or ICC) for the selection of ‘situations’ and ‘cases’. Through the Rome Statute ICC is mandated to try four crimes i.e. genocide, war crime, crimes against humanity, and the crime of aggression. All the four crimes are serious in nature. The prohibition of those four crimes had already attained the norms of jus cogens; because the nations of... (more)
- Melis: The Function of the Gravity Analysis in the International Criminal Court’s Mandate to End Impunity I. Introduction Article 17 of the Rome Statute provides that a case must be of sufficient gravity to justify action by the International Criminal Court (ICC).1 Thus, the Office of the Prosecutor (OTP) considers the gravity of crime in its case selection process. As outlined in its 2016... (more)
- asykora: In Selecting Cases to Investigate and Prosecute, How Wide Should the Prosecutor’s Aperture Be? I. Introduction The very first article of the Rome Statute establishing the ICC states that the Court “shall have the power to exercise its jurisdiction over persons for the most serious crimes of international concern.”1 Article 5 elaborates this point, stating:... (more)
- Patrick King: I. Introduction From its inception, the International Criminal Court (ICC or the Court) has set out to address and adjudicate only those cases of most serious concern to the international community as a whole.1 Gravity is a crucial concept in the operation of the International Criminal Court. Despite its importance to the ICC, and, in particular, to the Office of the Prosecutor (OTP), gravity is left largely undefined by the... (more)
- eboldis: An Expressivist Approach to Case Selection Introduction As the Special Tribunal for Lebanon (STL) noted: Criminal investigation and prosecution […] is unavoidably selective in any system. […] Selectivity is part of the history of international criminal jurisdictions, and an inevitable consequence of establishing an international criminal court or tribunal.1 This is even more true for the... (more)
- ramyaswami: Aperture of the Prosecutor: Reconciling the Concerns of the International Community with Political Influences I. Introduction In selecting cases to investigate and prosecute under her Article 15 powers, there is contention about how wide the Prosecutor’s aperture should be.1 Under the Rome Statute, the ICC prosecutor must abide by an extensive list of rules and... (more)
- madhavi.narayanan: Reversing the ICC’s Case Selection Process I. Introduction The International Criminal Court (ICC) is constantly in a state of struggle to prove that it is an effective, legitimate institution. Because there are literally hundreds of situations of grave crimes to choose from, which cases the Office of the Prosecutor (OTP) decides to select signals to the broader international community how it is acting on its... (more)
- jak223: The Prosecutor’s Aperture and the Deterrent Effect of the ICC A primary goal of the International Criminal Court (ICC) is to deter future perpetrators from committing crimes considered by the international community to be the most grave or serious. “Without justice, conflicts, atrocities and fear would reign free.”1 This justice is accomplished by holding past perpetrators accountable for those crimes via prosecutions and... (more)
Mass Rape issue
Perpetrators of mass rape must be brought to justice. Sexual violence, human trafficking and mass rape are regularly used as weapons in war. In some cases, it will be crucial for the prosecution to...prevention issue
Introduction The ICC has been established with jurisdiction over various types of crimes, including: genocide, war crimes and crimes against...oversight issue
The ICC Prosecutor has recently submitted a request to the Pre-Trial Chamber of the ICC to authorize an investigation into crimes committed in Côte d’Ivoire. The post-election violence in the Ivorian...oversight issue
Introduction There are two dominant theories that inform the current debate. The first theory focuses on agency costs, while the second makes the concept of trusteeship...darfur issue
The AU Resolution establishes that AU Member States “shall not cooperate pursuant to the provisions of Article 98 of the Rome Statute of the ICC...gaza issue
The legitimacy of the Goldstone follow-up committee ultimately depends upon the reputation and impartiality of its members, including its former head—Professor Christian Tomuschat. UN...gaza issue
Professor Cherif Bassiouni raises an important point regarding the applicability of Article 15 of the Rome Statute. Thus far, most contributors have focused on...gaza issue
This is an interesting question. It raises important issues about the intersection between international criminal justice, law, morality and politics. Genocide and other crimes against humanity are...gaza issue
Magli, The future of the ICC will largely depend on the ability of the Court to garner the political support of States and the Security Council. While some institutions such as the European Court of...gaza issue
Magli, many thanks for your post. The Gaza debate shows how difficult it is for the ICC to interfere in situations where there is no clear jurisdiction.The Rome Statute imposes real limitations on...gaza issue
Magli, your analysis leads to the conclusion that the ICC should not apply the standard criteria for statehood for the purposes of Article 12(3) of the Rome Statute. In this respect several...gaza issue
It is widely recognized that the ICC cannot draw upon universal jurisdiction. The power of the ICC to prosecute derives from the consent of the state parties.gaza issue
Setting a low threshold of statehood would have a substantial effect on the rights of States. It would potentially lead to a situation where the ICC would encroach upon the sovereign and territorial...gaza issue
The notion of jurisdiction is fundamental to the operation of the International Criminal Court (ICC). Jurisdiction refers to the competence or authority of the Court to investigate or review a...