The ICC Has Jurisdiction over One Form of Genocide in the Rohingya Situation by Kevin Jon Heller A number of commentators — including me — have questioned whether the OTP should open an investigation into Myanmar’s treatment of the Rohingya if that investigation would be limited to the crime against …Leer »
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 …Leer »
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 …Leer »
A Potentially Serious Problem with the Final Decision Concerning Comoros by Kevin Jon Heller A couple of days ago, the OTP finally announced what we all expected: that it would not reconsider its refusal to open a formal investigation into Israel’s attack on the MV Mavi Marmara. Dov Jacobs has …Leer »
Piecing the Withdrawal Puzzle: May the ICC still open an investigation in Burundi? (Part 1) by Sergey Vasiliev [Sergey Vasiliev is an Assistant Professor of International Law, Grotius Centre for International Legal Studies, Leiden University. This is the first part of a two-part contribution.] Questions raised by the ICC’s reaction …Leer »
Is Libya Under an Obligation to Surrender Saif Gaddafi to the ICC? (Part II) Has the UN Security Council Imposed Different Obligations of Cooperation from the Rome Statute?
Is Libya Under an Obligation to Surrender Saif Gaddafi to the ICC? (Part II) Has the UN Security Council Imposed Different Obligations of Cooperation from the Rome Statute? In a previous post, I dealt with the question whether Libya has an obligation to surrender Saif Al Islam Gaddafi pending any …Leer »
Would the addition of a Genocide Charge to the Bashir Arrest Warrant Change the Position on Immunity?
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 …Leer »
ICC Issues Arrest Warrant for Bashir, but Rejects the Genocide Charge (Updated) Today the International Criminal Court issues an arrest warrant for Omar al Bashir, the serving President of Sudan, for crimes against humanity and war crimes in Darfur. (The decision is now available here). The news were expected after …Leer »