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Panel of Experts Publishes Report Supporting ICC Arrest Warrant Applications for Crimes in Israel and Palestine

A Panel of Experts in International Law convened by the Prosecutor of the International Criminal Court, Karim Khan KC, today announced its conclusions. The Panel was established at the Prosecutor’s request in support of his investigation into the ‘Situation in the State of Palestine’, which covers international crimes committed either on the territory of Palestine or by a Palestinian national. The Panel’s mandate was to advise the Prosecutor on whether his applications for arrest warrants met the standard provided in Article 58 of the Rome Statute of the International Criminal Court. The Panel members unanimously endorsed the Prosecutor’s assessment that the Court had jurisdiction over the case and that there were ‘reasonable grounds to believe’ that individuals named in the arrest warrants — including senior leaders of Hamas and Israeli Prime Minister Benjamin Netanyahu — have committed war crimes or crimes against humanity within the jurisdiction of the Court. The Panel was comprised of the following experts: Lord Justice Fulford, former Vice-President of the Court of Appeal of England and Wales and former Judge…

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Bringing Justice Closer to Victims and Creating a Community of Practice? Some Thoughts on Ways to Implement the ICC OTP’s Policy on Complementarity and Cooperation

The Office of the Prosecutor (OTP) of the International Criminal Court (ICC) launched a public consultation on its Draft Policy on Complementarity and Cooperation (‘Draft Policy’) on 6 October 2023. The Draft Policy contains four pillars which are meant to form the basis for deepening the OTP’s engagement with national authorities —creating a community of practice, technology…

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Gender Persecution and Gender Apartheid in Afghanistan: Seeking the Appropriate Legal Basis for International Accountability

From as early as 1980, Afghanistan signed the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW), a decisive step in protecting women’s rights to equality, notably in education. Additionally, since 1994, Afghanistan has been a signatory to the International Covenant on Civil and Political Rights (ICCPR), which explicitly…

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From an Unconstitutional Rome Statute to Its Constitutionality: Why It Took Over 20 Years for Armenia to Join the ICC?

On November 14, 2023, the Republic of Armenia officially deposited the instrument of ratification of the Rome Statute of the International Criminal Court (ICC).  While the Statute will come into force for Armenia on February 1, 2024, officially making it the 124th State Party to join, the process leading to Armenia's ICC membership commenced significantly earlier…

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The Operational Logic behind Designating States for the Enforcement of International Sentences: The Implications of the Ongwen Case

Dominic Ongwen, convicted by the International Criminal Court (ICC) of 61 counts of crimes against humanity and war crimes committed as a senior commander of the “Lord’s Resistance Army” (LRA) rebel group, was transferred on 18 December 2023 to an as yet undisclosed prison facility in the Kingdom of Norway to serve his 25-year sentence. After…

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