Archivo de Etiquetas: ICC

The ICC’s Curious Dissolution of the Afghanistan Pre-Trial Chamber by Kevin Jon Heller Many ICC observers have been wondering why the Pre-Trial Chamber is taking so long to decide on the OTP’s request to open a formal investigation into the situation in Afghanistan. A little-noticed document filed by the Presidency …

African Union v International Criminal Court: episode MLXIII (?) It never gets boring. At the latest African Union (AU) summit, which wrapped up recently in Addis Ababa, the AU-ICC controversy went into its next round; this time, however, with a rather constructive proposal for easing the tensions that had built …

Times Are Changing – and What About the International Rule of Law Then? Note from the Editors:  This week we hold the first EJIL:Talk! Contributing Editors’ Debate, where some or all of our distinguished Contributing Editors lend their views on broad themes of international law and the state of the art, …

The Activation of the Crime of Aggression in Perspective In its final hours soon after midnight of 14 December 2017, the 16th Assembly of States Parties to the Rome Statute of the International Criminal Court decided to activate the Court‘s jurisdiction over the crime of aggression. This is the effect …

Semana 51 – 18 al 24 de diciembre de 2017 Las lecciones que deja el Tribunal para la antigua Yugoslavia en su despedida Las lecciones que deja el Tribunal para la antigua Yugoslavia en su despedida Aniversario y despedida. El Tribunal Penal Internacional para la antigua Yugoslavia (TPIY) cumple 24 …

Article 18 Mechanism by Mohammad Hadi Zakerhossein [Dr. Mohammad Hadi Zakerhossein is a Lecturer at Tilburg University.] On 9th November 2017, the Judges at PTC III of the International Criminal Court sprung a great surprise by unsealing an unexpected decision, thereby authorizing the Prosecutor to open a full investigation into the …

One Step Forward for International Criminal Law; One Step Backwards for Jurisdiction by Jennifer Trahan [Jennifer Trahan is Associate Professor, The Center for Global Affairs, NYU-SPS and Chair of the International Criminal Court Committee of the American Branch of the International Law Association] On Thursday, December 14, 2017, the ICC’s …

The International Criminal Court Gets Jurisdiction Over the Crime of Aggression The Assembly of States Parties to the Statute of the International Criminal Court has, overnight (New York time), adopted a resolution which activates the jurisdiction of the Court over the crime of aggression. This was the culmination of intense negotiations …

The Puzzling US Submission to the Assembly of States Parties by Kevin Jon Heller The US submission to the ASP has finally appeared. It is not very long — about 1.5 pages — but manages to pack in a good number of false claims and bizarre interpretations of the Rome …

An Utterly Damning Report on Moreno-Ocampo by Kevin Jon Heller Following on the heels of the much-reported e-mail scandal, FICHL has released a policy brief entitled “A Prosecutor Falls, Time for the Court to Rise” that is an utterly damning indictment of Luis Moreno-Ocampo’s tenure at the ICC. Here is a taste …

The Legality of Pardons in Latin America by Alonso Gurmendi Dunkelberg [Alonso Gurmendi is Professor of International Law at Universidad del Pacífico, in Peru.] In recent months, most commentaries coming out of South America have focused on the Colombian Peace Agreement with the FARC. There is, however, another post-conflict country …

Semana 45 – 6 al 12 de noviembre de 2017 China’s New World Order? China’s New World Order? Nov 10, 2017 Ramesh Thakur Now that Chinese President Xi Jinping has solidified his position as China’s most powerful leader since Mao Zedong, he will be able to pursue his vision of …