International Criminal Court

Page 1 of 56

Filter category

Feature post image

Towards Advisory Opinions of the International Criminal Court

Introduction On 25 October 2022, the Appeals Chamber (“AC”) of International Criminal Court (“ICC” or “the Court”) delivered the Decision on the Admissibility of the Appeal in the case of The Prosecutor v. Mahamat Said Abdel Kani (“Said Decision”). The context of the appeal is that the Defence had sought leave to appeal the Trial Chamber’s (“TC”) decision by which it permitted the Prosecutor to take witness testimony remotely via audio- and video-link technology. While the Trial Chamber found that the issues raised did not meet the criteria for appeals set out in Article 82(1)(d) of the Rome Statute, that Chamber exercised its discretion, reformulated the issues raised by the Defence and submitted the following question to the Appeals Chamber: “Does the Court’s legal framework allow Trial Chambers to treat testimony given via audio-video technology as an equivalent alternative to in-court testimony, which can be resorted to whenever the conditions of rule 67 of the Rules are satisfied, or are there additional criteria that Trial Chambers should consider in exercising…

Read more

Why the ICC’s termination of proceedings against deceased Kenyan defendant Paul Gicheru should not be the end of the matter

On 26 September 2022, an ICC defendant, Mr Paul Gicheru, died in Kenya at the age of 52, prompting the New York Times, Radio France Internationale and Voice of America to report on the suspicious circumstances surrounding his sudden demise. Mr Gicheru passed away at home after visiting a…

Read more

Ecocide: an Ambiguous Crime?

One year ago, a panel of legal experts convened by the Stop Ecocide International Foundation (Expert Panel) proposed that the Statute of the International Criminal Court (ICC) be amended to expand the ICC’s jurisdiction to include ecocide. To effect this change, the Expert Panel drew up the following definition of the crime of ecocide:…

Read more

If Ukraine’s Fate Is not a Menu à La Carte, then Ukrainian Voices Must Be Heard

Russian President Putin’s announcement of the “special military operation” against my native Ukraine coincided with my reading of Soviet Judgment at Nuremberg by Francine Hirsch. And while some are still wondering how Russia is so blatantly abusing the legal regime prohibiting the use of force, which the Soviet Union helped establish, Ukrainians have hardly been caught…

Read more

The Mutual Legal Assistance Treaty for Core Crimes: Filling the Gap?

Since 2011, work has been underway in the Mutual Legal Assistance Initiative (MLAI) to create a modern, procedural, multilateral treaty on mutual legal assistance and extradition, which better facilitates cooperation between states in the prosecution of international crimes. However, recent drafts of the Convention on International Cooperation in the Investigation and Prosecution of the Crime of…

Read more
  • Page 1 of 56
  • Last