Comments by davidlee211
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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)
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...