International Criminal Court

Page 3 of 55

Filter category

Feature post image

Aggression against Ukraine: Avenues for Accountability for Core Crimes

The unprovoked attack by Russia against Ukraine should be qualified as a crime against peace, or the crime of aggression, as defined in Article 6(a) of the IMT Charter and in Article 8bis of the ICC Statute. There are also allegations of war crimes as the Russian armed forces have targeted non-military objectives and civilians in urban and densely populated areas using imprecise weapons such as ballistic missiles and cluster munitions. The end of the conflict is not yet in sight but questions of accountability of leaders for the international crimes committed in Ukraine loom large. The language of international criminal law has permeated commentary and served as the frame of reference from the outset. Putin himself weaponised ICL rhetoric. His botched claim that genocide of the population of the Donbas had been taking place, which was used as a pretext…

Read more

ICC Starts Next Chapter in Colombia, But Will It Lead to Justice?

On October 28, the International Criminal Court (ICC) prosecutor, Karim Khan, on a visit to Bogota, announced that his office is closing down its preliminary examination in the country. The decision was cast as heralding a new chapter in the ICC’s support for national justice. But given the fragile transitional justice system in Colombia, the ICC’s decision…

Read more

The Principle of Legality in the ICC’s Appeals Judgment on Abd-Al-Rahman’s Jurisdictional Challenge: A Follow-up on Merits and Shortcomings

The recent judgment of the Appeals Chamber of the International Criminal Court (ICC, the Court) in the case of Ali Muhammad Ali Abd-Al-Rahman (“Ali Kushayb”) has already given rise to heated academic commentary and critique (see here and here). As readers may recall from previous posts on this blog, this was a judgment on an…

Read more

The ICC Appeals Judgment on Abd-Al-Rahman Jurisdictional Challenge: A Foreseeable Turn to Substantive Justice?

On 1 November 2021, the International Criminal Court (ICC) issued its Appeals Judgment on Abd-Al-Rahman Jurisdictional Challenge which could have been the ICC’s own Tadic Interlocutory Appeal on Jurisdiction. In addition to challenging the legality of Security Council (SC) Resolution 1593, the Defence claimed the ICC was prevented from exercising its subject matter jurisdiction over crimes…

Read more

UN Security Council Referrals to the ICC and the Principle of Legality

Introduction On 1 November 2021, the Appeals Chamber (AC) of the International Criminal Court (ICC) rendered an interesting judgment relating to a jurisdictional challenge brought by the Defence in the case of Ali Muhammad Ali Abd-Al-Rhaman (“Ali Kushayb”). The challenge is noteworthy because it confronted the Court with novel issues of law relating to the…

Read more