Comments by davidlee211
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- 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
Professor MacKinnon raises an interesting point when she argues that by being sensitive to cultural stigmas attached to victims of rape and offering an alternative to direct victim testimony, one...prevention issue
Positive Complementarity: Prospects and Limits Argument In order to maximize its effectiveness in the prevention of crimes, the ICC...oversight issue
The IOM may not be needed for financial supervision or administrative management of the ICC, but it would be significantly beneficial to the Court for...darfur issue
The AU decision to not arrest or surrender Al Bashir in accordance with an ICC order does not override or suspend existing obligations of ICC States Parties...gaza issue
Certainly, under Article 15 of the Rome Statute, the Prosecutor may initiate investigations proprio motu. However, what might be problematic is Professor Bassiouni’s assertion that even if the PLO is...gaza issue
I believe that the risk of a decision being “too politically charged” should not be a deterrent to tackling the issue of jurisdiction head on and reaching the correct conclusion. There seems to be...