International Criminal Court

Page 1 of 53

Filter category

Feature post image

The Principle of Legality in the ICC’s Appeals Judgment on Abd-Al-Rahman’s Jurisdictional Challenge: A Follow-up on Merits and Shortcomings

The recent judgment of the Appeals Chamber of the International Criminal Court (ICC, the Court) in the case of Ali Muhammad Ali Abd-Al-Rahman (“Ali Kushayb”) has already given rise to heated academic commentary and critique (see here and here). As readers may recall from previous posts on this blog, this was a judgment on an interlocutory appeal challenging the Court’s jurisdiction to hear the case against Abd-Al-Rahman on the basis of, inter alia, a violation of the principle of legality or nullum crimen sine lege. According to the Defence, since Sudan was and is not a party to the Rome Statute, Ali Abd-Al-Rahman could be held responsible for crimes ‘defined in Sudanese national law or, at least, in the international law in force that applied to Sudan at the time of the offences’ (§ 21). The Pre-Trial Chamber rejected this challenge on the basis that Abd-Al-Rahman’s charges satisfied the version of the principle of legality embodied in Article 22(1) of the ICC Statute, i.e. his conduct fell within the provisions of…

Read more

The ICC Appeals Judgment on Abd-Al-Rahman Jurisdictional Challenge: A Foreseeable Turn to Substantive Justice?

On 1 November 2021, the International Criminal Court (ICC) issued its Appeals Judgment on Abd-Al-Rahman Jurisdictional Challenge which could have been the ICC’s own Tadic Interlocutory Appeal on Jurisdiction. In addition to challenging the legality of Security Council (SC) Resolution 1593, the Defence claimed the ICC was prevented from exercising its subject matter jurisdiction over crimes…

Read more

UN Security Council Referrals to the ICC and the Principle of Legality

Introduction On 1 November 2021, the Appeals Chamber (AC) of the International Criminal Court (ICC) rendered an interesting judgment relating to a jurisdictional challenge brought by the Defence in the case of Ali Muhammad Ali Abd-Al-Rhaman (“Ali Kushayb”). The challenge is noteworthy because it confronted the Court with novel issues of law relating to the…

Read more

The return of “positive complementarity”

The (new) Prosecutor of the International Criminal Court (ICC), Karim A. A. Khan Q.C., on 28 October announced the closure of the preliminary examination of the Situation in Colombia after well-nigh two decades (exactly 17 years without opening a formal investigation, let alone filing charges). However, the announcement comes with an unprecedented quid pro quo…

Read more

Ntaganda and the ‘Conduct of Hostilities Crimes’

The ICC’s appeals judgement in the Ntaganda case, although covering a diverse array of legal issues, will likely be remembered as the focus for a confused and chaotic debate on the meaning of ‘attack’ within IHL and ICL. Raised in the specific context of Ntaganda’s ordering of ‘ratissage’ operations during the NIAC in the DRC, the…

Read more
  • Page 1 of 53
  • Last