International Criminal Court

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Absent Kony, Absent Justice? Notes on the ICC’s Decision to Potentially Confirm Charges Against Kony In Absentia

With the deaths of Vincent Otti, Raska Lukwiya, and Okot Odhiambo and the conviction of Dominic Ongwen by the International Criminal Court (ICC), the only remaining leader of the Lord’s Resistance Army (LRA) at large is its founder, Joseph Kony. Long-time followers of the ICC will remember its first-ever arrest warrants were issued against these five in 2005 for crimes against humanity and war crimes committed in Uganda since 2002, including: “murder, abduction, sexual enslavement, mutilation, as well as mass burnings of houses and looting of camp settlements; […] abduct[ing] civilians, including children, [who were] forcibly recruited as fighters, porters and sex slaves and [were forced] to take part in attacks against the Ugandan army (UPDF) and civilian communities”. However, Joseph Kony has since managed to successfully evade prosecution from the ICC, with recent reports suggesting that he has sought refuge in Darfur, Sudan, where he continues to command what remains of the LRA. Though his forces and influence have substantially dwindled, the ICC…

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EJIL: The Podcast! Episode 21: The ICC’s Other Africa Bias?

The International Criminal Court has been frequently accused of a bias against Africa in that all its defendants thus far have been from Africa. But might the ICC suffer from another bias that disadvantages Africa? EJIL editor-in-chief Sarah Nouwen discusses with Stewart Manley and Pardis M. Tehrani who, together with Rajah Rasiah,…

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Territorial Jurisdiction at the International Criminal Court for Deportation Across the High Seas

There is a lacuna in the International Criminal Court’s (ICC) jurisprudence on jurisdiction for the transboundary crime against humanity of deportation. The issue is whether the deportation of victims across the high seas into the territory of a Rome Statute state party falls within the ICC’s territorial jurisdiction. The ICC’s leading decisions —arising from Bangladesh/Myanmar— appear to point…

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The Putin-South Africa arrest warrant saga: A tale of the shrinking world of an accused war criminal

Since March of this year, the travel plans of one particular accused war criminal have been the subject of much speculation and legal debate. On 17 March 2023, the ICC announced that it had issued an arrest warrant for President Putin (and one of his officials – Ms Lvova-Belova). This, unsurprisingly, occasioned world-wide interest and attention. One focus…

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“Failure to Act” of Mr Putin: Liability by Omission

As announced on 17 March 2023, the International Criminal Court (ICC) issued an arrest warrant for Mr Vladimir Putin (the President of the Russian Federation), who has been charged with unlawful deportation and transfer of children (Articles 8(2)(a)(vii) and 8(2)(b)(viii) of the Rome Statute) from the occupied areas of Ukraine to the Russian Federation at least…

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