December 2011 Resolution by the Assembly of States Parties on State Cooperation with the International Criminal Court

This post draws attention to Resolution ICC-ASP/10/Res.2, on cooperation, adopted by consensus on 20 December 2011 by the Assembly of States Parties of the International Criminal Court during its 7th plenary meeting (10th Session). There are other important resolutions adopted during the 10th Session, including that dealing with reparations (see previous post); amendments to the rule [...]

Pre-Trial Chamber II Issues Confirmation of Charges Decisions in the Kenya Situation

Pre-Trial Chamber II of the International Criminal Court composed of Judges Hans-Peter Kaul, Cuno Tarfusser and Ekaterina Trendafilova (presiding), presented an oral summary of the decisions on confirmation charges pursuant to Article 61(7)(a) and (b) of the Rome Statute in the Kenya situation. The decisions issued concern the charges of the Prosecutor against William Samoei [...]

The Assembly of States Parties Requests the International Criminal Court to Establish Coherent Principles Relating to Reparations for Victims

The important issues dealt with during the Tenth Session of the Assembly of States Parties in New York in late December 2011 include not only the election of the ICC Prosecutor and six judges (see here), but also the adoption of a few important resolutions. This post will discuss Resolution ICC-ASP/10/Res.3 on reparations, adopted by [...]

Upcoming conference on the lessons learned from the Lubanga Trial

On March 8-9, 2012, The International Criminal Court Student Network will convene a conference on the ICC’s first case: The case of Thomas Lubanga Dyilo. This conference offers undergraduate, graduate and law students, and early professionals/academics (generally within five years of terminal degree) studying or working in the field of International Criminal Law an opportunity [...]

Callixte Mbarushimana Released from ICC Custody

Callixte Mbarushimana was surrendered to the custody of the ICC by French authorities on 25 January 2011, in accordance with the warrant of arrest delivered against him on 28 September 2010 by Pre-Trial Chamber I. In the document containing the charges, the Prosecutor charged Mr Mbarushimana with five counts of crimes against humanity (murder, inhumane [...]

Newest elections at the ICC and the ICJ

Two great international lawyers from Africa, Ms. Fatou Bensuda (Gambia) and Ms. Julia Sebutinde (Uganda), have been elected respectively as Prosecutor of the International Criminal Court (ICC) and as Judge of the International Court of Justice (ICJ). Both these African women have had a distinguished career in the area of international legal practice (for their [...]

The activity of the International Criminal Court for 2010-2011

The Report of the International Criminal Court covering the period 1 August 2010 to 31 July 2011 was presented before the General Assembly of the United Nations on 26 October 2011 by the President of the ICC, Judge Sang‐Hyun Song. In his speech  Judge Sang‐Hyun Song first noted that with two new investigations and several [...]

The former President of Côte d’Ivoire, Laurent Gbagbo, to appear before the ICC

The initial appearance of Laurent Koudou Gbagbo before Pre-Trial Chamber III of the International criminal Court (ICC) is scheduled for Monday, 5 December 2011, at 14:00 (The Hague local time) (see press release here). Mr Gbagbo was transferred to the ICC’s custody on 30 November 2011, in accordance with a warrant of arrest issued (under [...]

The ICC and Libya: another test for the complementarity principle?

On 22 November, Pre-Trial Chamber I of the International Criminal Court (ICC) decided to terminate the case against Muammar Gaddafi (for the full text of the decision see here). It remains to be seen whether anyone from the opposing forces will be tried by the Libyan authorities for killing Gaddafi on 20 October after having [...]

The ICC Prosecutor Reports to the Security Council on the Situation in Libya

On 2 November 2011, the ICC Chief Prosecutor, Luis Moreno-Ocampo, reported to the UN Security Council on the situation in Libya. This is an important report because it shows the steps taken so far by the Office of the Prosecutor (OTP or Office) to investigate the crimes committed in Libya, the interaction with Libyan authorities and [...]

Closing Statements in the Lubanga Case

The closing statements in the case Prosecutor v. Thomas Lubanga Dyilo started today, 25 August 2011, before Trial Chamber I of the International Criminal Court (ICC). They will continue tomorrow with the closing statements of the Defence. Thomas Lubanga Dyilo is accused of having committed, as a co-perpetrator, war crimes of enlisting and conscripting children under the [...]

A comment on Palestine’s statehood, recognition and UN membership

The Palestinian government plans to issue a declaration of independence in September 2011 as its latest strategy to bring about further recognition and UN membership. In an Op-Ed in the New York Times, Palestinian President Mahmoud Abbas said “this September, at the United Nations General Assembly, we will request international recognition of the State of [...]

India Army Major Avtar Singh- Perpetrator of Extrajudicial Killing – Roaming Free in California

On 13th May 2011 I read a news item in Kashmiri local newspaper Greater Kashmir captioned ‘File status report on Major Avtar’s Extradition’.  The news stated that Court directed police to file a status report on the progress made in the extradition of Major Avtar Singh, accused in the killing of prominent lawyer and human [...]

OTP/ICC issues statement on Libya

The Office of the Prosecutor of the International Criminal Court (OTP/ICC) issued a statement on Libya following the adoption by the Security Council of Resolution 1970(2011) (see previous post). It remains to be seen what will be the response of Libya to this statement and whether it will comply with the duty to cooperate imposed upon it [...]

Security Council passes Resolution 1970 (2011) on Libya

Deploring what it called ‘the gross and systematic violation of human rights’ in strife-torn Libya, on 26 February the Security Council adopted Resolution 1970 (2011), where it demanded an end to the violence and decided to refer the situation to the International Criminal Court while imposing an arms embargo on the country and a travel [...]

William A. Schabas, The International Criminal Court: A Commentary on the Rome Statute, Oxford University Press, March 2010

(William A. Schabas, The International Criminal Court: A Commentary on the Rome Statute, Oxford University Press, March 2010, ISBN 978-0-19-956073-8, 1336 pp.) Schabas’s Commentary to the Statute of the International Criminal Court (ICC or Court) is an excellent addition to that fine scholarly tradition established by the Oxford Commentaries on International Law. Written by a [...]

UN Reports on Israel Highlight a Manifest Culture of Impunity

On 21st and 22nd September, 2010, respectively, two reports were issued by two separate but circumstantially related missions appointed and mandated by the Human Rights Council to investigate violations of international law in the context of the Palestine-Israel conflict. The reports were submitted in the course of the Council’s 15th session, which recently took place [...]

The ICC at Eight: Assessing US policy and international criminal law: reciprocal influences

Patrícia Pinto Soares (European University Institute) has just published her study on ‘The ICC at Eight: Assessing US policy and international criminal law: reciprocal influences’. Her study is the result of the study undertaken during the Calouste Gulbenkian Fellowship carried out at the Center for Transatlantic Relations (CTR), SAIS Johns Hopkins University, in Washington, D. [...]

Comment on the Review Conference of the Rome Statute

The following is a commentary by Bukeni Waruzi, Program Manager for Africa and the Middle East, WITNESS, on the recent Review Conference of the Rome Statute. The Review Conference of the Rome Statute held in Kampala, Uganda from May 31- June 11, 2010 aimed to make critical improvements to the statute on specific issues: to [...]

ICC Review Conference Takes Stock of Victim Participation

[The following is a guest post by Amy Senier.] Delegates from the States Parties to the Rome Statute are halfway through the International Criminal Court (“ICC”) Review Conference in Kampala, Uganda.  As discussed elsewhere on this blog, the conference gives States Parties, non-governmental organizations, and representatives of the ICC itself an opportunity to reflect on [...]

ICC’s Review Conference: Will Two Weeks Be Enough?

Dominik’s earlier post calls attention to a very important event, the ICC’s Review Conference which starts today in Kampala, Uganda. The agenda for the conference includes a stocktaking exercise, including discussion of the impact of the Rome Statute system on victims and affected communities; and, issues of peace and justice, including managing the challenges of integrating [...]

ICC Review Conference

On Monday the International Criminal Court Review Conference will begin in Kampala, Uganda. The conference, which will last until 11th June, is a meeting of a large number of delegates from around the world (see our earlier report here). In Kampala, States parties will discuss the following amendment proposals to the Rome Statute: (1) The revision of Article [...]

South North Dialogue on the Al-Bashir Arrest Warrant

Africa Legal Aid  (ALFA) will be holding a one day conference in The Hague on 26 April 2010,  titled “Al-Bashir Arrest Warrant: The World vs Africa or the African Union vs the People of Africa.” The aim is to explore the South/ North dimensions of the emerging regime of international criminal justice and discuss the views [...]

The ICC and Afghanistan: A Moment of Opportunity for Justice

In today’s International Herald Tribune, Candace Rondeaux and Nick Grono of the International Crisis Group argued that the International Criminal Court (ICC) should formalize their investigation of war crimes and crimes against humanity in Afghanistan, now that the Taliban’s military chief Mullah Abdul Ghani Baradar has been arrested in Pakistan. I believe formalizing such an [...]

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