International Criminal Court

Page 2 of 59

Filter category

Feature post image

Territorial Jurisdiction at the International Criminal Court for Deportation Across the High Seas

There is a lacuna in the International Criminal Court’s (ICC) jurisprudence on jurisdiction for the transboundary crime against humanity of deportation. The issue is whether the deportation of victims across the high seas into the territory of a Rome Statute state party falls within the ICC’s territorial jurisdiction. The ICC’s leading decisions —arising from Bangladesh/Myanmar— appear to point in different directions. It is unclear whether deportation is completed upon entry into the high seas, on arrival into the first receiving State’s territory or whether deportation constitutes a continuing crime which occurs in both locations. This issue came to a head in requests (by the Tamil Rights Group and Global Rights Compliance) to open “a preliminary examination into crimes against humanity of deportation and persecution committed against Eelam Tamils within the territories of state parties to the ICC.” More broadly, the lacuna affects any putative victims of crimes against humanity of deportation fleeing island states and coastal states that are not party to the Rome Statute across the high seas into the…

Read more

The Putin-South Africa arrest warrant saga: A tale of the shrinking world of an accused war criminal

Since March of this year, the travel plans of one particular accused war criminal have been the subject of much speculation and legal debate. On 17 March 2023, the ICC announced that it had issued an arrest warrant for President Putin (and one of his officials – Ms Lvova-Belova). This, unsurprisingly, occasioned world-wide interest and attention. One focus…

Read more

“Failure to Act” of Mr Putin: Liability by Omission

As announced on 17 March 2023, the International Criminal Court (ICC) issued an arrest warrant for Mr Vladimir Putin (the President of the Russian Federation), who has been charged with unlawful deportation and transfer of children (Articles 8(2)(a)(vii) and 8(2)(b)(viii) of the Rome Statute) from the occupied areas of Ukraine to the Russian Federation at least…

Read more

Do States Party to the International Criminal Court Statute have the Obligation to Arrest Vladimir Putin?

Background On 17 March 2023, Pre-Trial Chamber II of the International Criminal Court (‘ICC’ or ‘the Court’) issued two arrest warrants for people related to the Ukraine situation, including one for Vladimir Putin, who as President of the Russian Federation is the head of a state that is not a party to the Rome Statute…

Read more

South Africa and the ICC Arrest Warrant for Vladimir Putin: Déjà Vu All Over Again?

1. Introduction South Africa is again at the centre of controversy regarding the obligation to arrest a sitting head of state pursuant to an arrest warrant of the International Criminal Court. Previously, the South African government was held by both the ICC and domestic courts to have violated its international and domestic…

Read more