International Criminal Court

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The International Criminal Court Independent Expert Review: reforming the Court: Part I

  Editor's note: This post is Part I of a three-part series. I was fortunate enough to attend the 18th International Criminal Court Assembly of State Parties (ASP) in The Hague for four days from 2-5 December.* A number of themes were apparent in the general debate as well as other panel discussions in plenary. External political challenges to the Court were widely noted (and in especially dramatic terms by the President of the Court). There was an obvious and high degree of consensus around the (successful) Swiss amendments on intentional starvation as a war crime in non-international armed conflict, the importance of the Court maintaining a focus on sexual and gender-based violence, the need to achieve greater equitable geographic representation and gender balance across the Court’s staff, and the importance of strengthening the process for the election of judges and the next Prosecutor. A significant resolution on the nomination and election of judges was passed which introduces recorded public roundtable discussions with judicial candidates, open to State parties and…

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A critical assessment of the Government of Israel’s memorandum to the ICC – Part II

  In my previous post, I argued that contrary to the view of the GOI, a Palestinian state has existed since 1919, and a Palestinian government was established – even if momentarily – in the territories occupied by the armed forces of Egypt and Jordan during the 1948 war following the termination of the mandate. This was known…

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A critical assessment of the Government of Israel’s memorandum to the ICC – Part I

  On 20 December 2019, the Prosecutor of the International Criminal Court (ICC) published a 112-page document requesting that Pre-Trial Chamber 1 rule within 120 days on the Court’s territorial jurisdiction in the situation in Palestine. On the same day the request was made public, the Government of Israel (GOI) published a 34-page memorandum of the Office…

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Of Temporal Jurisdiction and Power Struggles in the ICC’s Palestine Investigation

  It’s been five years since Palestine made the much-awaited move of requesting the International Criminal Court to investigate crimes allegedly committed by Israel “in the occupied Palestinian territory, including East Jerusalem, since June 13, 2014.” Like last month’s decision of the Prosecutor announcing her intention to open an investigation, it was made public…

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Alternative Charges and Modes of Liability in the Latest CAR Case at the ICC – Trouble Ahead?

  On 20 December 2019, Pre-Trial Chamber II partially confirmed the charges against Alfred Yekatom and Patrice Ngaïsonna, two co-accused in the first case to arise from the Prosecutor’s investigation into the 2013 conflict in the Central African Republic. Notably, for numerous charged incidents the judges considered that the threshold of “substantial grounds to believe” was not…

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