International Criminal Court

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Unpacking Sovereignty and Self-determination in ITLOS and the ICC: A Bundle of Rights?

In a short space of time, two international courts have handed down rather dramatic decisions related to the contested issues of self-determination and sovereignty of the Chagos Archipelago and Palestine, which have, for a very long time now, been under the UK and Israeli occupation respectively. On 28 January 2021, an ITLOS Special Chamber found that it had jurisdiction to adjudicate upon the dispute between Mauritius and the Maldives concerning the delimitation of the maritime boundary between the two states, concluding that Mauritius can be regarded as the coastal State in respect of the Chagos Archipelago within the meaning of article 74, paragraph 1, and article 83, paragraph 1, of the 1982 UN Convention on the Law of the Sea (UNCLOS). It also found that the UK is not an indispensable party to the proceedings, which would have barred the Chamber from exercising jurisdiction under the so-called Monetary Gold principle. Shortly after, on 5 February 2021, Pre-Trial Chamber I of the ICC ruled that Palestine is a State Party to…

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“Solid jurisdictional basis”? The ICC’s fragile jurisdiction for crimes allegedly committed in Palestine

On 5 February 2021, Pre-Trial Chamber I issued its long-awaited decision regarding the ICC’s jurisdiction for possible war crimes committed in the occupied Palestinian territories (Gaza and the West Bank, including East Jerusalem) since 13 June 2014 (for an academic analysis, see the symposium here). The decision was requested by the Office…

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EJIL: The Podcast! Episode 6 – Trumping International Law?

This episode examines the effects of the four years of the Trump Administration on international law. I am joined by Joseph Weiler, Co-Editor in Chief of EJIL and University Professor at New York University School of Law; Neha Jain, Professor of Public International Law at the European University Institute; and Chimene Keitner, who is Alfred…

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The ICC concludes its preliminary examination in Crimea and Donbas: What’s next for the situation in Ukraine?

Last week was eventful for the ICC despite the disruption of its work caused by the current pandemic. While everyone tuned in to the live hearings with the expanded list of candidates for the coveted position of the new ICC Prosecutor, the outgoing Prosecutor, Fatou Bensouda, was busy tidying up her work desk for the incoming Prosecutor by…

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The ICC Prosecutor Releases Guidelines for Agreements Regarding Admission of Guilt

On 12 November 2020, the Office of the Prosecutor (OTP) of the International Criminal Court (ICC) released its Guidelines for Agreements Regarding Admission of Guilt (the Guidelines). The document represents the most recent mile on a long and bumpy road headed towards the consolidation of negotiated justice in International Criminal Law. Since plea bargaining anywhere (but…

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