Comments by Alma Pekmezovic

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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...
6 years 8 weeks

prevention issue

Introduction The ICC has been established with jurisdiction over various types of crimes, including: genocide, war crimes and crimes against...
7 years 9 weeks

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...
7 years 24 weeks

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...
7 years 31 weeks

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...
7 years 45 weeks

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...
7 years 51 weeks

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...
8 years 8 weeks

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...
8 years 11 weeks

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...
8 years 12 weeks

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...
8 years 12 weeks

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...
8 years 12 weeks

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.
8 years 12 weeks

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...
8 years 12 weeks

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...
8 years 15 weeks