International Criminal Court

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EJIL: The Podcast! Episode 4 – Court Between a Rock and a Hard Place

For quite some time, the International Criminal Court (ICC) was criticised for focusing exclusively on Africa, as opposed to investigating situations in which powerful western states are heavily involved or have strong interests. In the first part of this episode, Kamari Clarke, Professor of Anthropology at the University of California Los Angeles and author of the recent book Affective Justice: The International Criminal Court and the Pan-Africanist Pushback, joins Marko Milanovic, Sarah Nouwen, Philippa Webb and me to discuss whether the ICC is able to deal with structural injustice. We discuss this against the background of the question whether black lives matter before the ICC. More recently, and possibly in response to the criticism that the ICC was too focused on Africa, the Prosecutor has made moves towards investigating situations potentially involving a number of bigger powers, including the US, the UK, Israel and Russia. The second part of the podcast discusses some of the political and legal challenges that have arisen when the…

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Is the International Criminal Court destined to pick fights with non-state parties?

There have been reports of a communication to the International Criminal Court alleging that the treatment of Uighurs in Xinjiang by Chinese authorities constitute international crimes within the Court’s jurisdiction. The jurisdictional basis of the claim is that China’s conduct involved forced deportations to Cambodia and Tajikistan, which are parties to the statute even though China is…

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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…

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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…

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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…

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