Comments by davidlee211
© ICCforum.com, 2010–2019. All rights reserved. Policies | Guidelines
Featured Comments
- suzgo: While I agree with the proposal by Prof Sluiter that the ASP must utilise its powers to sanction non cooperating states through the mechanisms provided for under article 112 of the statute, I still believe that for that to work the whole ICC framework on cooperation has to change. Prof Sluiter's proposal takes into account the challenges of cooperation by contracting States, leaving out non-contracting states. The Al Bashir cases have shown that non-contracting states to the Statute are also on... (more)
- Erin French: Delivering Justice in the Next Ten Years: The ICC and its Compatibility with Alternative Justice Mechanisms Introduction The International Criminal Court (ICC) is premised on the idea that there are universal wrongs that transcend sovereign borders, yet it has faced criticism for its narrow approach to delivering justice with a criminal trial. Critics argue international... (more)
- Cyprien Fluzin: Twenty Years After its Birth, it is Necessary for the International Criminal Court to Effectively Address Transnational Corporations’ Involvement in International Crimes Introduction The International Criminal Court will soon be celebrating the twentieth anniversary of the adoption of the Rome Statute on July 17, 1998. The creation of the Court was the result of a longstanding project, born in the aftermath of... (more)
- Morgan Thompson: Positive Complementarity will Advance the Objectives of International Justice more Effectively than ICC Prosecutions in The Hague. Introduction Positive complementarity will advance the objectives of international justice more effectively than International Criminal Court (ICC) prosecutions in The Hague. To maximize its effectiveness in the prevention of crimes, the ICC should encourage and assist States Parties to... (more)
- Nick Baltaxe: The ICC and Deterrence: How the ICC can Improve its Deterrence Efforts Through Creating More Realistic Threats of Enforcement Summary The Rome Statute’s Preamble sets forth goals that the ICC and its signatories have for the future. Although one of the primary goals is to ensure that the crimes under the ICC’s... (more)
- lgiles: The Future of Self-Referrals to the ICC: A Path to Greater Legitimacy with State Parties and the International Community As a consequence of complementarity the number of cases that reach the court should not be a measure of its efficiency. On the contrary, the absence of trials before this court, as a consequence of the regular functioning of national institutions, would be a major success.1—Luis Moreno Ocampo... (more)
- miltonlaw: The International Criminal Court and Positive Complementarity—ASP Institutional Framework Summary The literature of the law has been slow to develop and present the evolving themes of positive complementarity. This comment seeks to establish how the legal and institutional framework for positive complementarity may be effectively implemented. It is argued that the existing legal and institutional framework in respect of the... (more)
- Leeran: Preventive and Creative Outreach Programs in the International Criminal Court’s Future I. Introduction On July 17, 2018, the International Criminal Court (ICC) will celebrate its twentieth anniversary. Since its inception, the ICC has made substantial efforts to further its goal of providing justice to victims of horrible atrocities. The ICC operates based on the principle... (more)
- knturner1991: Lessons for the Future: Taking Proactive Complementarity Seriously As a consequence of complementarity, the number of cases that reach the Court should not be a measure of its efficiency. On the contrary, the absence of trials before this Court, as a consequence of the regular functioning of national institutions, would be a major success.1 The International Criminal Court (ICC) was created as a permanent institution with the explicit... (more)
- Daniel Aspinwall: Ten Years Hence I. Introduction Over the next ten years, the central battle for the International Criminal Court will be the battle for legitimacy. An institution is considered legitimate: [W]hen it is perceived as having the right or the authority to make decisions and when its decisions are viewed as worthy of respect or obedience.1 Unless a court possesses its own army,... (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...