Competing Views on Libya’s Obligation to Surrender Saif Gaddafi to the ICC Over at Opinio Juris, Kevin Jon Heller notes that the debate which he, Jens David Ohlin and I have had regarding whether Libya can postpone it’s obligation to surrender Saif Gaddafi to the International Criminal Court is now being waged …Read More »
ICC Prosecutor Decides that He Can’t Decide on the Statehood of Palestine. Is He Right? On Tuesday, the Office of the Prosecutor at the International Criminal Court issued a statement denying the Prosecutor’s competence to decide on Palestine’s acceptance of ICC jurisdiction. The ICC Prosecutor indicated in his statement that he could not take …Read More »
The African Union’s Response to the ICC’s Decisions on Bashir’s Immunity: Will the ICJ Get Another Immunity Case?
The African Union’s Response to the ICC’s Decisions on Bashir’s Immunity: Will the ICJ Get Another Immunity Case? After deciding the Jurisdictional Immunities of the State (Germany v. Italy: Greece intervening) case (about which I and others will have more to say on the blog soon), there is the prospect of …Read More »
ICJ Press Releases Distinguish the ICJ from other International Tribunals In the past couple of months the ICJ has inserted a paragraph at the end of its press releases which seeks to make clear that the ICJ is different from the other newer international tribunals out there. The paragraph can …Read More »
Next ICC Prosecutor Will be African The International Criminal Court has announced that the list of candidates for election to be the next Prosecutor of the ICC has been narrowed to two. The elections will be held at the Tenth Session of the Assembly of States Parties to the Statute …Read More »
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 …Read More »
Is Libya Under an Obligation to Surrender Saif Gaddafi to the ICC? Part I (What Does the Rome Statute Say?)
Is Libya Under an Obligation to Surrender Saif Gaddafi to the ICC? Part I (What Does the Rome Statute Say?) Since the capture of Saif Al Islam Gaddafi last week there have been questions asked about whether he ought to be tried in Libya or by the International Court Criminal …Read More »
Clarifying the Principle of Complementarity: the ICC Confirms Admissibility of Case Despite Investigation by Kenya
Clarifying the Principle of Complementarity: the ICC Confirms Admissibility of Case Despite Investigation by KenyaChris Stephen is an associate at Volterra Fietta practising public international law. He previously worked as judicial assistant to Lord Hope of Craighead and Lord Mance in the House of Lords (now the UK Supreme Court). …Read More »
Darryl Robinson on Self-Referrals: Is the International Criminal Court Really a Court of Last Resort?
Darryl Robinson on Self-Referrals: Is the International Criminal Court Really a Court of Last Resort?The Journal of International Criminal Justice has recently published a very interesting article by Darryl Robinson titled “The Controversy over Territorial State Referrals and Reflections on ICL Discourse“. In the article, Darryl takes issue with those who …Read More »
The African Union takes on the ICC Again: Are African States Really Turning from the ICC?In the latest summit meeting of the African Union (AU) held in Malabo, Equitorial Guinea, the AU Assembly of Heads of States and Governments has reiterated its opposition to a number of prosecutions at the International …Read More »
Security Council Adopts Resolution 1970 (2011) with respect to LybiaYesterday the UN Security Council unanimously adopted Resolution 1970, whereby it (1) imposed an arms embargo on Lybia; (2) imposed targeted sanctions, including travel bans and asset freezes, on high-level persons in the Lybian regime; (3) and referred the situation in …Read More »
Kenya’s ICC Deferral Request and the proposed amendment to article 16 of the Rome StatuteEditor’s Note: The authors have recently launched a blog focussing primarily on issues of international criminal justice from an African perspective. See http://warandlaw.blogspot.comAccording to media reports , the Kenyan government is redoubling its misguided efforts to persuade …Read More »
Kenyan ICC Cases a Good Test of an ICC Founding PrincipleMax Du Plessis is associate professor at the University of KwaZulu-Natal and Senior Research Associate at the International Crimes in Africa Programme of the Institute for Security Studies. Chris Gevers is a lecturer at the Faculty of Law at the University …Read More »
ICC Assembly of States Parties Discusses Possible Amendments to ICC Statute.Last week the Assembly of States Parties (ASP) to the ICC held its Ninth Session in New York. One of the issues on the agenda of the 9th ASP was discussion of amendments to the ICC Statute. Some States had …Read More »