International Criminal Court

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The OTP’s expert panel in the Situation in the State of Palestine: Additional safeguard or hostage to fortune?

On 20 May 2024, the world of international criminal law shook with news announced by Karim Khan KC, the Prosecutor of the International Criminal Court (ICC), that he was applying for arrest warrants in the Situation in the State of Palestine (the “Situation”). The Prosecutor’s announcement was supported by what he described as “an additional safeguard,” in that his Office (the “OTP”) had been assisted by the “advice of a panel of experts in international law” (the “Panel”). The Panel comprises Lord Justice Fulford, Baroness Helena Kennedy KC, Elizabeth Wilmshurst CMG KC, Danny Friedman KC, Amal Clooney, His Excellency Judge Theodor Meron CMG, Professor Marko Milanovic, and Professor Sandesh Sivakumaran. The Prosecutor further acknowledged “the contributions of a number of [Mr Khan KC’s] other Special Advisers to this review, particularly Adama Dieng and Professor Kevin Jon Heller.” Mr Khan KC describes the Panel as an “impartial group” which was “convened to support the evidence review and legal analysis” regarding the applications for warrants. According to the Prosecutor, the Panel’s “independent expert analysis” had…

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Karim Khan’s Dubious Characterization of the Gaza Hostilities

In his 20 May 2024 press statement announcing his intent to seek arrest warrants for Palestinian and Israeli figures, Prosecutor Karim Khan of the International Criminal Court says, “My Office submits that the war crimes alleged in these applications were committed in the context of an international armed conflict between Israel and Palestine, and a…

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State Objections to the ICC Prosecutor’s Request for Arrest Warrants in the Palestine Investigation

Almost 8 months into the Gaza War, International Criminal Court (ICC) Prosecutor Karim Khan announced on 20 May that he has applied to the Court’s pre-trial chamber for the issuing of arrest warrants for three top Hamas leaders as well as Israeli Prime Minister Benjamin Netanyahu and Defence Minister Yoav Gallant (the “arrest warrant requests”).

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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…

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Bringing Justice Closer to Victims and Creating a Community of Practice? Some Thoughts on Ways to Implement the ICC OTP’s Policy on Complementarity and Cooperation

The Office of the Prosecutor (OTP) of the International Criminal Court (ICC) launched a public consultation on its Draft Policy on Complementarity and Cooperation (‘Draft Policy’) on 6 October 2023. The Draft Policy contains four pillars which are meant to form the basis for deepening the OTP’s engagement with national authorities —creating a community of practice, technology…

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