Comments by Alma Pekmezovic
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- 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
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...