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A State is a State is a State? Some Thoughts on the Prosecutor’s Response to Amici Briefs on Territorial Jurisdiction – Part II

In Part Two of this blog, I turn to the second of the Prosecutor’s arguments in favour of the Court’s territorial jurisdiction with regard to the “Situation in Palestine”. This is that Palestine is a State irrespective of its status as a party to the Statute. However, the Prosecutor seeks to nuance her position by arguing that Palestine is a State “for the purposes of the Statute” under the relevant rules of international law at para. 40 and following. A State “for the Purposes of the Statute”? This leads to the question, what is meant by a State under international law for the “purposes of the Statute”? The Rome Statute contains no definition of a State, so that there is no authority for the proposition that the Court may exercise jurisdiction (either on territorial or on nationality grounds) with regard to a State defined other than on the accepted basis of international law. The Prosecutor does not argue that Palestine is a State under international law tout court. It…

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A State is a State is a State? Some Thoughts on the Prosecutor’s Response to Amici Briefs on Territorial Jurisdiction – Part I

On 30 April 2020, the ICC Prosecutor issued her Response to the Observations of Amici Curiae, Legal Representatives of Victims, and States  in the “Situation in the State of Palestine” matter. This has brought into focus a substantial debate as to what constitutes a State. There had been contributions submitted by 33 amici (including the…

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‘Oops, we misplaced the keys…too bad!’: The International Criminal Court and the fiasco of Mr Jean-Pierre Bemba’s compensation claim

Background On 18 May 2020, over a year after Mr Jean-Pierre Bemba Gombo filed a claim at the International Criminal Court (the Court) seeking compensation for alleged miscarriage of justice and for alleged destruction and damage caused to his property, the Pre-Trial Chamber dismissed the application. Mr Bemba was charged in 2008 with…

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A “Schrödinger’s Cat” Moment for Co-Perpetration Liability? The Yekatom and Ngaïssona Decision on the Confirmation of Charges

On 11 December 2019, Pre-Trial Chamber (PTC) I of the International Criminal Court (ICC) confirmed, in part, the charges of war crimes and crimes against humanity in the case against Alfred Yekatom and Patrice-Edouard Ngaïssona. The (highly) redacted version of the Decision was published on 20 December 2019. So far, it has received little attention in scholarly…

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Multiple Avenues for State Cooperation with the International Criminal Court – Part Two

Yesterday’s post (see here) discussed witness protection and the release of temporarily or permanently acquitted defendants as potential avenues for State cooperation with the ICC. Today’s post will consider further opportunities for such cooperation and conclude with some general observations on the issue. Detainees’ family visits Many detainees cannot afford to…

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