International Criminal Law

Page 1 of 59

Filter category

Feature post image

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 to alter how trials are conducted at the ICC. The decision denied Mr Gbagbo’s request for reconsideration of a decision relating to an earlier appeal filed by the Prosecution, and reviewed the conditions of release for Mr Gbagbo and Mr Blé Goudé. In its concluding paragraphs, the decision indicates that should Mr Gbagbo and Mr Blé Goudé be released from custody, and then later fail to appear for any future trial hearings, the court is permitted to proceed in their absence. Pursuing this course of action could open the door for trials in absentia at the ICC, a practice believed by most to be prohibited under the Rome Statute. This blog post considers the Appeals Chamber’s decision in light of the Court’s Statute, existing jurisprudence and within the larger context of international criminal law. It concludes that the Appeals Chamber’s decision does not align with the current practice…

Read more

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 committed war crimes related to the Afghan conflict (see here). The ICC Appeals Chamber had previously authorised the ICC Prosecutor to commence such an investigation (see…

Read more

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 had come to the conclusion that there is a reasonable basis to believe that war crimes have been, or are being, committed on territory of Palestine, and that the other…

Read more

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 Palestine”. This is that Palestine is a State irrespective of its status as a party to the Statute. However, the Prosecutor seeks to nuance her position by arguing that Palestine…

Read more

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 State of Palestine” matter. This has brought into focus a substantial debate as to what constitutes a State. There had been contributions submitted by 33 amici (including the…

Read more
  • Page 1 of 59
  • Last