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

The issue of obtaining State cooperation in prosecutions of criminal suspects is one of the biggest challenges facing the International Criminal Court (ICC). While States are supposed to…

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False Positives, False Negatives, and Prosecutorial Discretion regarding the Jurisdiction of the ICC

Critics of the ICC Prosecutor’s request for a determination under article 19(3) in the Situation in the State of Palestine are right to point out…

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Complicity in war crimes through (legal) arms supplies?

  German and other corporations whose arms were used in the war in Yemen have been accused of criminally assisting war crimes. The Berlin-based NGO European Center for…

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Playing Safe or Hide and Seek? The ICC Prosecutor’s Request for a Ruling on the Court’s Territorial Jurisdiction in Palestine

  On 20 December 2019, the Office of the Prosecutor (OTP) of the ICC issued a Prosecution request pursuant to article 19(3) for a ruling on the…

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Interests of Justice? The ICC urgently needs reforms

The demands for an “independent evaluation” through a small group of experts, formulated by four former presidents of the Assembly of State Parties of the International Criminal…

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The “Command Responsibility” Controversy in Colombia: A Follow-Up

A key issue arising out of the peace agreement between the Colombian government and the Revolutionary Armed Forces of Colombia (FARC) guerrillas is the definition of “command responsibility”…

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