Comments by benshea
© ICCforum.com, 2010–2023. All rights reserved. Policies | Guidelines
- 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)
arrest issueI. Introduction One of the greatest challenges facing the International Criminal Court (ICC) is securing the custody of the accused. Without an...
The Exit Interview issueI have been unable to find any substantive or fulfilling statements from the OTP that explain why situations have not been opened in Afghanistan and Mexico. Do you believe that a situation should be...
africa issueI. Introduction The International Criminal Court (ICC) was established with the hope that it would pursue those persons responsible “for the...
reparations issueA region-wide, collective reparations scheme is the best option for several reasons. As nmoley convincingly points out in her June 2012 comment on this issue, individual reparations are impractical...