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The International Criminal Court Independent Expert Review: questions of accountability and culture

The Independent Expert Review of the International Criminal Court commissioned by the ICC Assembly of State Parties (ASP) reported on 30 September 2020.* (Final report…

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Hate Speech as Persecution: Tackling the Gordian Knot

Two recent incidents have reignited the question of whether hate speech can constitute the actus reus for persecution, giving rise to a successful charge of crimes against humanity…

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Is the International Criminal Court destined to pick fights with non-state parties?

There have been reports of a communication to the International Criminal Court alleging that the treatment of Uighurs in Xinjiang by Chinese authorities constitute international crimes within…

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The ICC Appeals Chamber Signals a Possible Change in Approach to the Permissibility of Trials in Absentia

On 28 May 2020, the Appeals Chamber of the International Criminal Court (ICC) issued a decision in the Gbagbo and Blé Goudé case that has the potential…

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The Situation in Afghanistan, US Sanctions and the Historical Narratives Emerging from the ICC

On 11 June 2020, the US announced a series of economic and travel sanctions against any officials of the ICC involved in an investigation into whether US forces…

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The Monetary Gold Doctrine and the ICC: Can the ICC determine the Territorial Boundaries of Israel and Palestine?

The Prosecutor of the International Criminal Court (ICC) has been engaged in a Preliminary Examination of the situation in Palestine since January 2015. By December 2019, the Prosecutor…

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A State is a State is a State? Some Thoughts on the Prosecutor’s Response to Amici Briefs on Territorial Jurisdiction – Part II

In Part Two of this blog, I turn to the second of the Prosecutor’s arguments in favour of the Court’s territorial jurisdiction with regard to the “Situation in…

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A State is a State is a State? Some Thoughts on the Prosecutor’s Response to Amici Briefs on Territorial Jurisdiction – Part I

On 30 April 2020, the ICC Prosecutor issued her Response to the Observations of Amici Curiae, Legal Representatives of Victims, and States  in the “Situation in the…

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‘Oops, we misplaced the keys…too bad!’: The International Criminal Court and the fiasco of Mr Jean-Pierre Bemba’s compensation claim

Background On 18 May 2020, over a year after Mr Jean-Pierre Bemba Gombo filed a claim at the International Criminal Court (the Court) seeking compensation…

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Multiple Avenues for State Cooperation with the International Criminal Court – Part Two

Yesterday’s post (see here) discussed witness protection and the release of temporarily or permanently acquitted defendants as potential avenues for State cooperation with the ICC. Today’s…

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