Comments by Scott McDonald
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- Taku: The targeting of Africa by the ICC during its close to two decades of existence was inappropriate. The criticism that the exclusive targeting of Africa was a subterfuge by former colonial powers to recolonise Africa through international criminal justice at the ICC was not without merit. The EU-ACP Cotonou Agreement conditionality on ICC memberships for EU cooperation assistance was condescending and tantamounted to economic and political blackmail. The ICC did not represent the face of the... (more)
- 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)
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...