Comments by Alma Pekmezovic
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- Milton Owuor: The Deferral Request Under Article 18(2) of the Rome Statute as an Emerging Tradition in the Context of Complementarity: The Situation in Afghanistan I. Prelude: An Emerging Tradition in Complementarity This discourse seeks to engage critically with the overarching legal issues basically revolving around the deferral request under Article 18(2) of the Rome Statute in the aftermath of the Taliban takeover of power in Afghanistan. Article... (more)
- bulut2023: Using Article 53 of the Rome Statute to Incorporate Alternative Justice Mechanisms into the International Criminal Court’s Jurisprudence and Practice I. Introduction The International Criminal Court (ICC) has faced criticism for failing to incorporate non-Western legal traditions and practices, as well as other alternative justice mechanisms, into its jurisprudence and practice. This criticism is justified, as... (more)
- Sydney Siwinski: Using Cultural Context to Award More Meaningful and Salient Remedies to Victims I. Introduction The Rome Statute mandates both categories of remedies available to the International Criminal Court (ICC) as well as, in many cases, the individuals to whom remedies can be awarded.1 However, the ICC’s interpretation of justice and law comes mostly if not entirely from Western legal... (more)
- diabo: Colonialism and Considering Historical Context in the ICC I. Introduction The International Criminal Court (ICC) has come under the scrutiny of legal scholars for its reliance on Western ideas of justice and its disproportionate prosecution of non-Western actors. This criticism is based in the ICC’s foundational text, the Rome Statute, and the bases for investigation and... (more)
- janinaheller: International Criminal Court: The Potential for Complementarity with the Inter-American System I. Introduction In recent years, international law experts have begun to acknowledge the potential for learning opportunities and collaboration between the International Criminal Court (ICC) and regional human rights systems.1 They have also highlighted the important role that the Inter-American System has been playing over the years in... (more)
- HeavenStrouse: Article 53: Shifting From a Retributive Theory of Justice I. Introduction The western ideal of prosecution and punishment are frequently posited as the only legitimate modes of justice not only within the western world itself, but through the implementation of policies that define the power and effectiveness of the International Criminal Court (ICC). Looking directly at the ICC and the objectives it contends to... (more)
- Maggie Sheerin: A New ICC Justice Reflecting Regional Remedies: Reparations, Reconciliation, and Reform I. Introduction This comment will look at the various ways that the International Criminal Court (ICC) could improve its functionality as a global system, by looking to the regional human rights systems and the ways that they have each pulled from their unique regional histories, to create systems that fit their regional needs and... (more)
- etrevisani: When Non-Incarceration is Enough: Rethinking Inadmissibility Under Article 17 I. Introduction With the creation of the International Criminal Court (ICC) and the parallel development of bold new ideas surrounding restorative justice practices within the legal academy, the end of the twentieth century was a period of dramatic change for international transitional justice spaces.1 These practices reflect robust community... (more)
- karagon: Looking Beyond: A New Understanding of Justice for the ICC I. Introduction The creation of the International Criminal Court (ICC) in 1998 was a milestone in the development of international human rights and forums for their vindication. The ICC is the world’s “first permanent court mandated to bring to justice people responsible for war crimes, crimes against humanity, and genocide when national... (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...