International Tribunals

Page 1 of 247

Filter category

Feature post image

Panel of Experts Publishes Report Supporting ICC Arrest Warrant Applications for Crimes in Israel and Palestine

A Panel of Experts in International Law convened by the Prosecutor of the International Criminal Court, Karim Khan KC, today announced its conclusions. The Panel was established at the Prosecutor’s request in support of his investigation into the ‘Situation in the State of Palestine’, which covers international crimes committed either on the territory of Palestine or by a Palestinian national. The Panel’s mandate was to advise the Prosecutor on whether his applications for arrest warrants met the standard provided in Article 58 of the Rome Statute of the International Criminal Court. The Panel members unanimously endorsed the Prosecutor’s assessment that the Court had jurisdiction over the case and that there were ‘reasonable grounds to believe’ that individuals named in the arrest warrants — including senior leaders of Hamas and Israeli Prime Minister Benjamin Netanyahu — have committed war crimes or crimes against humanity within the jurisdiction of the Court. The Panel was comprised of the following experts: Lord Justice Fulford, former Vice-President of the Court of Appeal of England and Wales and former Judge…

Read more

Request for “Clarification” or “Modification” of the Provisional Measures Orders: Different Paths, Same Destination?

Within three months of instituting proceedings against Israel in the case concerning the Application of the Convention on the Prevention and Punishment of the Crime of Genocide in the Gaza Strip, South Africa made three requests for provisional measures (here and here): the first request led to the indication of six provisional measures (Order of…

Read more

Wa Baile c. Suisse: A victory against racial profiling?

Mohamed Wa Baile, a Swiss citizen of Kenyan origin, was stopped by the municipal police in the Zurich train station when he was on his way to work. According to the police officer in charge, he stopped Mr Wa Baile because of his behaviour, which appeared suspicious to him as Mr Wa Baile looked away when he realised…

Read more

Did the Court in Klimaseniorinnen create an actio popularis?

Perhaps the thorniest issue that the European Court had to address in Klimaseniorinnen was how to square the prohibition on actio popularis with the granting of standing to the applicant association, but not to the individual applicants. How can the four individual applicants lack victim status, as the Court held, yet the association, of which the applicants were…

Read more

A Thought Experiment on Plausibility and ICJ Provisional Measures

The recent provisional measures orders of the International Court of Justice in the South Africa v. Israel and Nicaragua v. Germany cases have provoked much discussion of the notion of plausibility in the Court’s jurisprudence (see, e.g., yesterday’s post by Roy Schondorf and also Mike Becker’s comments to that post; and the post by…

Read more
  • Page 1 of 247
  • Last