Featured Comments
- 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)
U.S. Sanctions issue
I think the foundation of law and the principles of fundamental justice allows on an independent complaint from any state party, is sufficient to provide jurisdiction where American laws are of no...responsibility issue
The right to refuse any command or order has been well established since the times of the Roman act none statute. Furthermore, even if the right to kill does exist, that right is limited to self...anniversary issue
To create an independent middle that can negotiate for victims, I believe those resource as the national security state parties are aware requires the national security counsel for state parties to...performance issue
I don't know what to think about court assessment. I do know that Rome was visited and replied to every visitor till they admitted where they Rome at except Italy or the city state. This was a...withdrawal issue
The African state unions have taken the liberty of establishing rules that govern society. Their leadership as people in establishing the justice international is entrenched. The ability of the...arrest issue
Issuing the warrant by direct indictment to the state of residence for endorsement of their superior court(province). Including issuing habious corpus results(flight risk? Or constant offender?)withdrawal issue
I think the jurisdiction of the court is and remains available. The thought a judiciary exists globally where non member states cannot use the jurisdiction of the icc goes against the intent the...africa issue
The situations on Africa are caused by learned behavioral issues and cycles of learned abusive patterns of authority, jurisdiction, and the rights of the civilian individual, in specific woman/...Politics Lecture issue
Prosecution is not a political issue. the consequence of prosecution findings are absolute. to allow the arm of the court organ to engage in politics where a general assembly of authority and...oversight issue
Article 112 provides the assembly with responsibility and duties for the operation of the Court- including enforcement procedures, The oversight role did not include the Court as responsible for...Efficiency issue
An efficient Court Operation, 1. is for the purpose too attain the ends of Justice, and 2. where Jurisdiction is not possessed, as Limited de facto, or as Limited without an agreement, has in...Mass Rape issue
The primary issue of the Courts jurisdiction relates indirectly with a court martial process. The primary issue at Bar before the Law Courts International, is readiness. Although Prosecutors and...Victims Lecture issue
Assuming that a Court exists for alleged War crimes and Judicially real- Victims [MUST] exist. For victims to exist there [must] be a degree of participation. Victims do not have rights, victims...gaza issue
A prosecutor only has authority as granted by the state party Under Charter. The courts duty is to insure that for want of jurisdiction the prosecutor is limited, or Barred from exercising that...