Comments by Alma Pekmezovic
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- suzgo: While I agree with the proposal by Prof Sluiter that the ASP must utilise its powers to sanction non cooperating states through the mechanisms provided for under article 112 of the statute, I still believe that for that to work the whole ICC framework on cooperation has to change. Prof Sluiter's proposal takes into account the challenges of cooperation by contracting States, leaving out non-contracting states. The Al Bashir cases have shown that non-contracting states to the Statute are also on... (more)
- Erin French: Delivering Justice in the Next Ten Years: The ICC and its Compatibility with Alternative Justice Mechanisms Introduction The International Criminal Court (ICC) is premised on the idea that there are universal wrongs that transcend sovereign borders, yet it has faced criticism for its narrow approach to delivering justice with a criminal trial. Critics argue international... (more)
- Cyprien Fluzin: Twenty Years After its Birth, it is Necessary for the International Criminal Court to Effectively Address Transnational Corporations’ Involvement in International Crimes Introduction The International Criminal Court will soon be celebrating the twentieth anniversary of the adoption of the Rome Statute on July 17, 1998. The creation of the Court was the result of a longstanding project, born in the aftermath of... (more)
- Morgan Thompson: Positive Complementarity will Advance the Objectives of International Justice more Effectively than ICC Prosecutions in The Hague. Introduction Positive complementarity will advance the objectives of international justice more effectively than International Criminal Court (ICC) prosecutions in The Hague. To maximize its effectiveness in the prevention of crimes, the ICC should encourage and assist States Parties to... (more)
- Nick Baltaxe: The ICC and Deterrence: How the ICC can Improve its Deterrence Efforts Through Creating More Realistic Threats of Enforcement Summary The Rome Statute’s Preamble sets forth goals that the ICC and its signatories have for the future. Although one of the primary goals is to ensure that the crimes under the ICC’s... (more)
- lgiles: The Future of Self-Referrals to the ICC: A Path to Greater Legitimacy with State Parties and the International Community As a consequence of complementarity the number of cases that reach the court should not be a measure of its efficiency. On the contrary, the absence of trials before this court, as a consequence of the regular functioning of national institutions, would be a major success.1—Luis Moreno Ocampo... (more)
- miltonlaw: The International Criminal Court and Positive Complementarity—ASP Institutional Framework Summary The literature of the law has been slow to develop and present the evolving themes of positive complementarity. This comment seeks to establish how the legal and institutional framework for positive complementarity may be effectively implemented. It is argued that the existing legal and institutional framework in respect of the... (more)
- Leeran: Preventive and Creative Outreach Programs in the International Criminal Court’s Future I. Introduction On July 17, 2018, the International Criminal Court (ICC) will celebrate its twentieth anniversary. Since its inception, the ICC has made substantial efforts to further its goal of providing justice to victims of horrible atrocities. The ICC operates based on the principle... (more)
- knturner1991: Lessons for the Future: Taking Proactive Complementarity Seriously As a consequence of complementarity, the number of cases that reach the Court should not be a measure of its efficiency. On the contrary, the absence of trials before this Court, as a consequence of the regular functioning of national institutions, would be a major success.1 The International Criminal Court (ICC) was created as a permanent institution with the explicit... (more)
- Daniel Aspinwall: Ten Years Hence I. Introduction Over the next ten years, the central battle for the International Criminal Court will be the battle for legitimacy. An institution is considered legitimate: [W]hen it is perceived as having the right or the authority to make decisions and when its decisions are viewed as worthy of respect or obedience.1 Unless a court possesses its own army,... (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...