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“To Release or not to Release, that is the Question”: Detention Pending Trial at the International Criminal Court after the Gicheru Case

On 29 January this year, the Pre-Trial Chamber A of the International Criminal Court (ICC) decided to grant interim release to Paul Gicheru, a lawyer suspected of offences…

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The ICC Prosecutor Releases Guidelines for Agreements Regarding Admission of Guilt

On 12 November 2020, the Office of the Prosecutor (OTP) of the International Criminal Court (ICC) released its Guidelines for Agreements Regarding Admission of Guilt (the Guidelines). The…

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The International Criminal Court Independent Expert Review: questions of trust and tenure

I have previously written on the Independent Expert Review (IER) of the International Criminal Court and its findings on questions of governance structure and culture. In this…

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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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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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A “Schrödinger’s Cat” Moment for Co-Perpetration Liability? The Yekatom and Ngaïssona Decision on the Confirmation of Charges

On 11 December 2019, Pre-Trial Chamber (PTC) I of the International Criminal Court (ICC) confirmed, in part, the charges of war crimes and crimes against humanity in the…

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