International Criminal Court

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The Field of Exception/the Field of Exclusion — Reflections for Martti Koskenniemi

Editors Note: This post was originally posted on EJIL:Talk! as a comment by Pål Wrange LLM, PhD (Stockholm) in response to last week's discussion on Prof. Koskenniemi's article. Mr Wrange, Principal Legal Advisor on public international law at the Swedish Ministry for Foreign Affairs, is currently on leave of absence and working as a consultant in Kampala I have engaged with Martti's work since 1989, when I first read From Apology to Utopia (for example, see my Impartial or Uninvolved? The Anatomy of 20th Century Doctrine on the Law of Neutrality (Visby: Dokumaten.se, 2007) 62-73) . An academic gone practitioner (the opposite career move to Martti's, I have always felt at home in his texts - the mix of seriousness of purpose and irony of tone, the fealty to old-fashioned Bildung, the shared heritage of continental theory and Anglo-Saxon dominated practice.  His theoretical theses, like indeterminacy, have been addressed by me at quite some length elsewhere ­­- admiringly and critically (in the original sense of that world, of course). Instead of the usual…

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Some Remarks on the Legal Implications of Foreign Visits by Sudanese President Omar Al Bashir After the ICC Arrest Warrant

Materneau Chrispin is currently a PhD Candidate in International Law at the University of Lausanne, Switzerland On March 4, 2009, Pre-Trial Chamber I of the International Criminal Court (ICC) issued an Arrest Warrant against Omar Al Bashir (see here), the current Head of State of Sudan. That warrant was the latest…

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Second Thoughts on the Crime of Aggression

Professor Andreas Paulus holds the Chair of Public and International Law at Georg-August-University Göttingen. He is a member of the Scientific Advisory Board of the European Journal of International Law. He has served as counsel of the Federal Republic of Germany in the LaGrand case (Germany vs. United States) and as Adviser to the German team…

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Would the addition of a Genocide Charge to the Bashir Arrest Warrant Change the Position on Immunity?

The Pre-Trial Chamber of the ICC issued an arrest warrant for Sudanese President Omar Bashir only with respect to war crimes and crimes against humanity and rejected the Prosecutor's request for a charge of genocide. Marko (and Kevin Jon Heller at Opinio Juris) have (rightly, in my view) criticized the reasoning by which the majority…

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Distinctions between the Legal Position of ICC Parties and Non-Parties Regarding Aggression

The International Criminal Court (ICC) recently released the latest report of the Special Working Group (of the Assembly of States Parties) on the Crime of Aggression.  Art. 5 of the ICC Statute includes the crime of aggression as one of the crimes within the jurisdiction of the Court. However, the Court may only exercise jurisdiction over it once a provision has been adopted…

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