Comments by davidlee211
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- mialattanzi: How will Bemba’s acquittal impact standards of adequate notice for charges brought against the accused in the Pre-Trial and Trial Chambers? I. Introduction The International Criminal Court (ICC) is uniquely positioned as both a court of international justice and individual criminal responsibility. Along with the ICC’s mission to pursue the “most serious crimes of concern to the international community... (more)
- ericsezgen: I. Introduction The International Criminal Court (ICC) overturned the decision by the Trial Chamber in the case against Jean-Pierre Bemba Gombo. The decision itself has evoked criticism. The ICC acquitted a head of state and an accused war criminal by a narrow majority decision.1 One question that naturally arises from a split decision that creates controversy is what the implications of such a decision means for the... (more)
- Chayadembitzer: The Bemba Decision and its Impact on the Command Responsibility Doctrine In 2018, the International Criminal Court (ICC) issued a decision that arguably “transformed [the doctrine of] command responsibility into an admonition with little effect.”1 The command responsibility doctrine holds superior officers responsible for the orders they give to subordinates. Under that doctrine, commanders can be held responsible for issuing... (more)
- nadadur2020: After the Bemba Appeals Chamber Decision, Will it be Harder to Secure Convictions for Command Responsibility in SGBV Crimes? I. Introduction In March 2016, former Vice President of the Democratic Republic of Congo Jean-Pierre Bemba Gombo was found guilty by the International Criminal Court’s (ICC) Trial Chamber of command responsibility for crimes against humanity and war crimes, including rape.... (more)
- FT2019: The Appeals Chamber of the ICC: How a new Standard of Appellate Review and Onerous Standard of Proof will Impact Future Prosecutions of SGBV Crimes I. Introduction In many ways, the advent of the Rome Statute and the creation of the ICC served as a beacon of hope to victims of SGBV crimes, advocates for justice, and legal scholars. Never before... (more)
- daley2019: The Blueprint for Immunity: The Appeals Chamber’s Interpretation of Article 28(a)(ii) of the Rome Statute I. Introduction In 2016, the Trial Chamber of the International Criminal Court convicted Jean-Pierre Bemba Gombo, a politician-warlord from the Democratic of Congo. Two years after that conviction and ten years after the beginning of proceedings, the Appeals Chamber of the International Criminal Court overturned... (more)
- ahoskins: After Bemba: Article 28 of the Rome Statute and the Requirement of Causation I. Introduction On June 6, 2018, the Appeals Chamber of the International Criminal Court (ICC) overturned the conviction of Jean-Pierre Bemba Gombo on the charges of crimes against humanity and war crimes in a split decision. This sent shock waves through the international criminal justice community and has raised a whole host of... (more)
- DCG: Seeking Clarity: Assessing Questions of Remoteness Post Bemba I. Introduction In what seemed like a landmark victory, the Trial Chamber of the International Criminal Court (ICC) convicted Jean-Pierre Bemba Gombo (Bemba) of murder, rape, and pillaging as war crimes and murder and rape as crimes against humanity in 2016.1 Bemba was the Congolese vice president and commander of the Mouvement pour la Libération du Congo (MLC).... (more)
- Belinda Hyland: The Impact of the Bemba Appellate Judgment on Future Prosecution of Crimes of Sexual and Gender-Based Violence at the ICC I. Summary March 2016 marked a monumental triumph for victims of sexual and gender-based violence (SGBV). On March 21, 2016, the Trial Chamber of the ICC issued a decision convicting Jean-Pierre Bemba Gombo under Article 28(a) of the Rome Statute for the... (more)
- f.petkovich: The ICC Appeals Chamber’s Bemba Judgment—A Necessary Contextualization of Article 28’s Actus Reus Element Introduction Designed to ensure compliance with international law, the legal doctrine of command responsibility holds military commanders responsible for any war crimes committed by their subordinates in combat zones.1 With the codification of command responsibility... (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...