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New issue of the Equality of Arms Review

Below you will find a short notice regarding the new issue of the International Bar Association’s EQ: Equality of Arms Review.

Should the ICC investigate the situation in Gaza? Is the ICC Appeals Chamber properly constituted? What is the future for the ICC? These and many other questions are addressed in the latest issue of the International Bar Association’s (IBA) publication, EQ: Equality of Arms Review.

This regular publication features news, opinion pieces and important information designed to spark discussion and increase awareness of the ICC. The publication is produced under the umbrella of the IBA-ICC Monitoring and Outreach Programme, a project supported by the John D and Catherine T MacArthur foundation, aimed at closely monitoring the Court’s activities and encouraging the legal community to engage with ICC issues.

This edition features diverse articles on the 2010 ICC Review Conference, safeguarding defence rights before the ICC and the relationship between the ICC and non-governmental organisations, among others.

Of particular interest, IBA Executive Director Mark Ellis shares his views on the ICC’s position in relation to the Gaza Conflict. He notes that “[t]he Office of the Prosecutor should immediately clarify that the ICC does not have jurisdiction over crimes committed in the Gaza conflict. The Rome Statute was deliberately crafted to give the Court a specified and limited jurisdiction. However restricted, it is imperative that the ICC stay within its jurisdictional boundaries.

Justice Richard Goldstone, IBA Human Rights Institute Co-Chair discusses the troubling matter of the permanent reassignment of judges from the Pre-Trial and Trial Divisions to the Appeals Division of the Court. He opines that, “[w]hile there is no issue concerning the competence of the judges in question, the decision to permanently assign judges from the Pre-Trial and Trial Divisions to the Appeals Division is highly questionable, and arguably in breach of the Rome Statute and legal texts of the Court.

EQ also features an interesting interview with former ICC President Judge Philippe Kirsch who shares his perspective on the challenges and prospects of the Court. He comments, “I believe that the ICC will succeed if two conditions are met: first and foremost, the Court must maintain a purely judicial approach in any circumstances; and second, the Court must receive adequate support from states parties, both operationally and politically.

This latest edition as well as past issues of EQ can be downloaded here.

Additional information about the IBA-ICC Monitoring and Outreach Programme may be accessed here.

We hope you enjoy EQ, and warmly welcome any feedback that readers may have.

Lorraine Smith
IBA Programme Manager (ICC)

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