Comments by Scott McDonald
© ICCforum.com, 2010–2021. All rights reserved. Policies | Guidelines
Featured Comments
- magli: How to Address the Legality of EO 13928 and the Never Ending Unilateral Punitive Measures: A View From Across the Atlantic by Konstantinos D. Magliveras I. Introduction Executive orders (or presidential decrees or whatever they are called in different jurisdictions) are what they are: the setting out by the head of state of actions to be pursued because he/she believes them to be in the best interest of his/her country,... (more)
- jak223: An Ultra Vires Attack on the ICC: Executive Order 13298 and the IEEPA In November 2017, International Criminal Court (ICC) Prosecutor Fatou Bensouda requested authorization to open an investigation into alleged war crimes and crimes against humanity committed in Afghanistan after May 1, 2003, which would include an investigation of Taliban and Afghan National Security Forces, as well as United States military and Central... (more)
- eboldis: The Effects of the Executive Order on the Legitimacy of the ICC Introduction States, particularly those against whom proceedings have been brought, have had contentious relationships with international judicial institutions. There are various ways in which these States refuse to cooperate with international courts. Among others, these methods of non-compliance and non-cooperation include refusing to comply with arrest warrants,... (more)
- madhavi.narayanan: Beyond the Rome Statute: International Obligations to Promote the Victim Right to a Remedy I. Introduction In December 2003 Mr. al-Asad, a Yemeni national and successful businessman living in Tanzania, was seized from his home, in front of his family, by Tanzanian officials and secretly flown to Djibouti […] where he was interrogated by an American official and threatened with death. He was then handed over to... (more)
- Melis: Enhancing the International Criminal Court’s Perceived Legitimacy to Soften the U.S. Stance I. Introduction Executive Order 13928 issued by U.S. President Donald Trump states that the International Criminal Court’s (ICC) investigation of the situation in Afghanistan is “illegitimate” and “infringe[s] upon the sovereignty of the United States.”1 The... (more)
- ramyaswami: The Biden Administration Should Abandon the United States ICC Sanctions Regime I. Introduction On March 5, 2020, the Appeals Chamber of the International Criminal Court (ICC) unanimously decided to grant the Prosecutor’s request to commence an investigation into alleged crimes under the Court’s jurisdiction in relation to the situation in Afghanistan. The Appeals Chamber authorized the prosecutor to... (more)
- asykora: Are the United States’ Sanctions Against the International Criminal Court Appropriate? I. Introduction On June 11, 2020, in response to the International Criminal Court (ICC) authorizing an investigation into alleged war crimes committed against Afghanistan citizens, U.S. President Trump issued Executive Order 13928 approving sanctions against any person who have directly engaged in any effort by the... (more)
- Patrick King: I. Introduction On June 11, 2020, President Donald Trump issued Executive Order 13928: Blocking Property of Certain Persons Associated with the International Criminal Court, (EO 13928) which empowers the Secretary of State to designate foreign persons who he determines have assisted or engaged in efforts by the International Criminal Court (ICC) to investigate or prosecute American citizens or citizens of American allies.1... (more)
gaza issue
Professor Quigley cites to the Montevideo Convention on the Rights and Duties of States in advocating his position that Palestine is a state. This 1933 treaty, signed by the United States and a...gaza issue
For one, the ICC’s interest might be served by not investigating. Choosing to insert itself into one of the world’s most complicated and controversial ongoing conflicts could hurt the ICC’s...darfur issue
I. Introduction/Background On the surface, Sudanese President Omar al-Bashir’s travel plans do not seem to have been hindered much by the...darfur issue
I agree with the argument that the nexus between U.N.S.C. 1593 and membership in the Genocide Convention means that Sudan and other Contracting Parties have accepted the jurisdiction of the ICC in...darfur issue
danterzian, I believe your first counter-argument about the irrelevance of the ICTY and ICTR in establishing a customary international law norm misses the point. Both courts (and their corresponding...oversight issue
The creation of the Independent Oversight Mechanism (IOM) presents a new set of challenges and opportunities for the International Criminal Court (ICC). In order to capitalize on the...prevention issue
I agree with Mr. Goldstone that the emerging doctrine of Responsibility to Protect (R2P) represents a key opportunity for the ICC to maximize its crime prevention capabilities. However, its...prevention issue
Argument In order for OTP to maximize its prevention of crime, it must base its policies on a cost-benefit model of deterrence. This model...