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Begin New Search Topic International Criminal Court (ICC)

1. Sudan: What Options for Omar Al-Bashir's Trial?

Author:
Chantal Meloni
Publication Date:
05-2020
Content Type:
Commentary and Analysis
Institution:
Italian Institute for International Political Studies (ISPI)
Abstract:
For the past 15 years the figure of Omar al-Bashir, the former president of Sudan, has epitomized the struggle of the International Criminal Court (ICC) to fulfill its mandate, i.e. to end impunity for the worst crimes of concern to the international community as a whole. In 2005, the former ICC Prosecutor – Luis Moreno Ocampo - had promptly opened an investigation into the atrocities committed in Darfur after receiving a referral by the United Nations Security Council (Resolution n. 1593 of 2005), which permitted the Court to affirm its jurisdiction over Sudan, not a state party to the ICC. In the context of this investigation, two warrants of arrest were issued against al-Bashir, in 2009 and 2010, for the most serious crimes, including war crimes, crimes against humanity and even charges of genocide. It is estimated that over 300,000 people were killed and 2.7 million forced to flee their homes in Darfur as a result of military campaigns led by the Sudanese army and pro-government militias against ethnic minorities since 2003.
Topic:
Genocide, International Law, International Criminal Court (ICC), and Omar al-Bashir
Political Geography:
Africa and Sudan

2. Fighting the Demonization of Israel at the International Criminal Court

Author:
Eytan Gilboa
Publication Date:
12-2019
Content Type:
Commentary and Analysis
Institution:
The Begin-Sadat Centre for Strategic Studies (BESA)
Abstract:
Fatou Bensouda, the chief prosecutor of the International Criminal Court (ICC) at the Hague, has decided to indict senior Israeli policymakers and military officers for committing war crimes in the West Bank and Gaza. Her decision is baseless, preposterous, and discriminatory, and it violates the ICC’s own mission and rules. Bensouda’s action should be placed within the wider context of the Palestinian disinformation, delegitimization, and demonization campaign against Israel at international organizations. Israel should discredit and delegitimize the ICC in turn via aggressive political measures and collaboration with concerned liberal democracies, primarily the US.
Topic:
Human Rights, International Law, Justice, and International Criminal Court (ICC)
Political Geography:
Middle East, Israel, Palestine, Gaza, and West Bank

3. Reassessment of Turkey’s Objections to the Exclusion of Terrorism from the Rome Statute

Author:
Kurtuluş
Publication Date:
12-2019
Content Type:
Journal Article
Journal:
Uluslararasi Iliskiler
Institution:
International Relations Council of Turkey (UİK-IRCT)
Abstract:
Criminal justice response to terrorism and to the support for terrorism is still a hot topic in Turkey due to ongoing American military support for the PYD, which is Syrian wing of the internationally designated terrorist organization PKK whose indiscriminate attacks in Turkey has claimed lives of thousands of civilians. This article first discusses, in light of recent developments, whether exclusion of a separate crime of terrorism from the Rome Statute of the International Criminal Court can be a valid argument against Turkey’s accession to it. After discovering some of the possible contributions of Turkey’s Rome Statute accession to its decades-long struggle against terrorism, this study concludes that Turkey’s all other concerns regarding the accession should be periodically reevaluated.
Topic:
International Law, Terrorism, International Criminal Court (ICC), and Rome Statute
Political Geography:
Turkey, Middle East, and Mediterranean

4. A Court Worth Having? Growing Pains at the International Criminal Court

Author:
Tod Lindberg
Publication Date:
05-2019
Content Type:
Special Report
Institution:
Georgetown Journal of International Affairs
Abstract:
The establishment of the International Criminal Court (ICC) in the Hague is a testament to liberal normative aspiration in international politics—the conviction that there should be a neutral juridical body, beyond the influence of the ebb and flow of political power among states, that is capable of holding the perpetrators of atrocities or aggression to account. Now, more than twenty years after the negotiation of the 1998 Rome Statute––the treaty establishing the court––and coming up on seventeen years since the ICC entered into force in 2002 with the ratification by sixty state-parties, one vexing question for proponents of international justice is that of how far beyond mere aspiration the court has managed to get.
Topic:
Politics, Rule of Law, Justice, and International Criminal Court (ICC)
Political Geography:
Yugoslavia, Rwanda, United States of America, and The Hague

5. International Criminal Liability in the Age of Social Media: Facebook's Role in Myanmar

Author:
Isabella Banks
Publication Date:
02-2019
Content Type:
Working Paper
Institution:
Public International Law Policy Group
Abstract:
Criminal liability in international law is unique from that of most national legal systems in that it extends to those physically distant from the crime. International law’s expanded notions of criminal liability and commission are what have made it possible for justice institutions – first the Nuremberg International Military Tribunal (IMT) in 1945 and now the International Criminal Court (ICC) – to hold high-level perpetrators who order, plan, coordinate, or facilitate mass atrocities from afar accountable for their actions. A question that international legal authorities have largely left unanswered is how this expanded notion of criminal liability might be applied in the age of global online networks and in particular, social media. There is mounting evidence that in addition to helping us stay connected and “bring the world closer together,” social media platforms are being used to proliferate ideas that result in real-world violence.
Topic:
Crime, International Cooperation, Violence, and International Criminal Court (ICC)
Political Geography:
Myanmar and Global Focus

6. Domestic Prosecution of International Crimes

Author:
Cleo Meinicke
Publication Date:
03-2019
Content Type:
Working Paper
Institution:
Public International Law Policy Group
Abstract:
In October 2018, the Bosnian state court indicted a former soldier of crimes against humanity for his involvement in the murder and enforced disappearance of civilians in the Kljuc area. In September of that year, a German court convicted Ibrahim Al F. for war crimes committed in Syria and in the same month a military tribunal in the Democratic Republic of the Congo found two military commanders guilty of crimes against humanity committed in the villages of Kamananga and Lumenje (South Kivu). These are just three recent examples of domestic efforts in the prosecution of those responsible for international crimes. Based on the complementarity principle of the International Criminal Court (ICC), where states are “unwilling or unable” to prosecute international crimes, the ICC may step in to prosecute those most responsible for the commission of the crimes under its jurisdiction, namely genocide, crimes against humanity, war crimes, and the crime of aggression. However, out of 28 cases before the Court since its inception in 2001 only three resulted in successful convictions. Several suspects were acquitted after lengthy proceedings, of which Gbagbo and Blé Goudé are the latest examples. Therefore, the ICC should be regarded as a last resort while domestic courts carry the main responsibility to prosecute those responsible for international crimes.
Topic:
Crime, International Law, Crimes Against Humanity, and International Criminal Court (ICC)
Political Geography:
Africa, Europe, Germany, Democratic Republic of Congo, and Bosnia and Hercegovina

7. To Be Genocide or Not to Be Genocide, That Is the Question

Author:
Phedra Neel
Publication Date:
03-2019
Content Type:
Working Paper
Institution:
Public International Law Policy Group
Abstract:
Between the 7th and 10th February 2019, Human Rights Watch organized, in cooperation with De Balie, the seventh edition of the Human Rights Weekend. This year’s topic was “Where do I stand” and invited the attendees to think about how they are (in)directly involved in human rights violations and how they can contribute in ending these violations. The program consisted of masterclasses, lectures, and documentaries. One of these documentaries showed the incredible story of Nadia Murad. Nadia is a Yazidi girl, who witnessed her community being murdered by ISIS. She was later captured herself and forced to become a sex slave. Today she is known as the most recent Nobel peace Prize winner for her global advocacy campaign to fight for the rights of the Yazidi. This campaign consists of addressing heads of states and governments, asking for help for the survivors and for the attack on her people to be considered as genocide. Whereas some states have indeed passed legislation that recognizes the events as genocide, others refuse to do so until the United Nations (UN) itself officially uses the word genocide to describe the atrocities.
Topic:
Genocide, Human Rights, Crimes Against Humanity, and International Criminal Court (ICC)
Political Geography:
Global Focus

8. Basis and Implications of the ICC's Ruling Against Myanmar

Author:
Tanushree Nigam
Publication Date:
12-2019
Content Type:
Working Paper
Institution:
Public International Law Policy Group
Abstract:
n a major decision, the International Criminal Court ruled on September 6, 2018 that the Court may exercise jurisdiction over the crime of alleged deportation of the Rohingyas from Myanmar to Bangladesh. The Pre-Trial Chamber accepted the OTP’s argument that the Court may exercise jurisdiction over the crime of cross border deportation of Rohingyas even though the alleged crime had been committed in Myanmar which is not a State Party. The Pre-Trial Chamber stated that this could be done as some “elements of the crime” had taken place in the territory of Bangladesh, which is a State Party. This judgment makes a towering statement that ICC’s jurisdiction is objective rather than subjective in nature. In this post, I discuss the basis and implications of the Chamber’s findings.
Topic:
Legal Theory, International Criminal Court (ICC), Humanitarian Crisis, and Deportation
Political Geography:
Africa, Asia, South Korea, North Korea, and Myanmar

9. Accountability for War Crimes in Syria: The “Criminalization” Confusion

Author:
Oona A. Hathaway, Paul Strauch, Beatrice Walton, and Zoe Weinberg
Publication Date:
04-2019
Content Type:
Working Paper
Institution:
Center for Global Legal Challenges, Yale Law School
Abstract:
In 1942, three years before World War II came to a close, international lawyer Hersch Lauterpacht prepared a memorandum for the Committee on Crimes Against International Public Order. In it, he considered whether the Nazis should be tried for war crimes when the war ended. Before he could address when and whether to prosecute the Nazis for war crimes, he observed, it was first and foremost necessary to determine “what is a war crime.” Nearly 80 years later, this question looms yet again—this time in the horrific Syrian civil war. No international court or tribunal currently has jurisdiction over the vast crimes committed in Syria since 2011. It seems unlikely at the moment that Syria itself will provide an accounting, and the prospect of the United Nations Security Council agreeing to establish a new tribunal or refer the Syria situation to the International Criminal Court (ICC) appears slim. As a result, domestic courts, mainly in Europe, have taken the lead in pursuing criminal accountability for crimes committed in Syria. The International, Impartial, and Independent Mechanism (IIM), established by the UN General Assembly in 2016, is also beginning to assist domestic Syria-related prosecutions.
Topic:
International Law, United Nations, Humanitarian Intervention, and International Criminal Court (ICC)
Political Geography:
Global Focus

10. Global constitutional order and the deviant other: reflections on the dualistic nature of the ICC process

Author:
Hiroyuki Tosa
Publication Date:
01-2018
Content Type:
Journal Article
Journal:
International Relations of the Asia-Pacific
Institution:
Japan Association of International Relations
Abstract:
The purpose of this article is to offer some reflections on how to interpret the International Criminal Court (ICC)’ s fractious relationship with Africa in the context of the historical lineage of a dual structure of the global constitutional order and further scrutinize its implications for life cycles of the international norm. First, we begin by setting out the ICC process (norm emergence) led by middle power sand global civil society during the early post-Cold War period. We then scrutinize the limits of this new normative order by focusing on its dualistic nature, as well as the asymmetrical relation between the Global North and the Global South, in particular African countries. Finally, we reexamine the remaining injustice issue inherent in the liberal normative order by paying attention to structural problems such as the predatory capitalism behind the serious humanitarian crisis, which international judicial interventions seem to have superficially mask.
Topic:
Civil Society, Judiciary, Norms, and International Criminal Court (ICC)
Political Geography:
Africa, Asia-Pacific, and Global South