Afghanistan war crimes victims appeal to ICC
June 13, 2019
Victims of war crimes in Afghanistan filed an appeal Monday with the International Criminal Court (ICC) challenging the lower court’s recent decision not to pursue a war crimes investigation in Afghanistan.
The Appeal was filed by the Center for Constitutional Rights in New York and the Global Justice Clinic at the New York University School of Law, among others, on behalf of the victims. The victims claim that significant war crimes have taken place in Afghanistan that and not investigating further will deny the victims justice while allowing the perpetrators to escape. The victims further claim that the perpetrators will be free to continue committing war crimes and that the mandate of the ICC will be severely damaged if justice is not served.
The victims specifically highlighted that top officials in the US government have failed to comply with the court’s requests and, as such, have interfered with the effectiveness of the investigation and the ICC as a whole. It is not specifically alleged who exactly war crimes, but it is likely related to several alleged war criminals for whom President Donald Trump was reportedly considering pardons. The Trump administration has refused to cooperate with any ICC investigation of the War on Terror and has threatened consequences if the ICC does pursue an investigation
ICC judges reject investigation of Afghanistan war crimes
April 12, 2019
Judges at the International Criminal Court (ICC) on Friday rejected a request to open an investigation into allegations of war crimes and crimes against humanity in Afghanistan.
The prosecutor had requested authorization to investigate war crimes that may have been occurring in the country since 2003. The court noted that the political situation since 2006, the time of the preliminary examination, has changed rapidly in Afghanistan. Due to its prioritization of investigative inquiries, the court has decided that pursuing this investigation would not be an efficient use of its resources.
The court went on to state that the prosecutor has not obtained cooperation from Afghanistan sources, which bodes poorly for any further investigation.
Philippines withdraws from ICC
March 18, 2019
The Philippines officially withdrew from the International Criminal Court (ICC) on Sunday, becoming the second country to withdraw after Burundi, which left in 2017.
President Rodrigo Duterte announced the country was withdrawing from the court a year ago, but court rules require that withdrawal cannot take effect for at least 12 months. While the Philippines no longer recognize the Rome Statute, the withdrawal has no impact on on-going proceedings or any matter already under consideration by the court prior to the date on which the withdrawal became effective.
The court has been conducting a preliminary examination into accusations that Duterte and other Philippine officials committed mass murder and crimes against humanity in a war on drugs.
Specifically, it has been alleged that since 1 July 2016, thousands of persons have been killed for reasons related to their alleged involvement in illegal drug use or dealing. While some of such killings have reportedly occurred in the context of clashes between or within gangs, it is alleged that many of the reported incidents involved extra-judicial killings in the course of police anti-drug operations.
The court noted that the participation of states in the Rome Statute and their continued support for the ICC is essential to global efforts to ensure accountability and strengthen the international rule of law.
The Republic of the Philippines ratified the Rome Statute on August 30, 2011, and the statute entered into force from November 1, 2011.
Malaysia to join ICC
March 06, 2019
This notice was released after Malaysian Foreign Minister Saifuddin Abdullah signed the instrument of accession to the Rome Statute. Malaysia’s interest in joining the ICC was expressed last year by the Malaysian Prime Minister Mahathir Mohamad, who notably established the Kuala Lumpur War Crimes Tribunal in 2007 as an alternative to the ICC.
The ICC is a “court of last resort” meant for the prosecution of serious international crimes. The Rome Statute conferred jurisdiction to the ICC in 2002, allowing the court to consider cases of genocide, crimes against humanity, war crimes, and crimes of aggression. The ICC has territorial jurisdiction over nations that are party to the Rome Statute or have accepted the court’s jurisdiction.
Malaysia will officially be the 124th member of the court on June 1, 2019.
‘Crime of aggression’ comes into force at ICC
July 19, 2018
The International Criminal Court (ICC) [official website] on Tuesday assumed jurisdiction over the crime of aggression, coinciding with the twentieth anniversary of the ICC’s founding under the Rome Statute [text, PDF]. Leer el resto de esta entrada »
Palestine submits referral to ICC to investigate alleged crimes by Israel
May 22, 2018
[JURIST] The government of Palestine submitted a referral [text, PDF] to the International Criminal Court [official website], which was received by the ICC on Tuesday. Palestine urges the ICC to investigate what it deems “war crimes and crimes against humanity” carried out by Israel’s government in Palestinian territory, including East Jerusalem. Leer el resto de esta entrada »
Waiting for Bemba – The ICC and Transformative Reparations in Cases of Sexual Violence
Source: Int Law Grrls
May 5, 2017
Reparations in cases of sexual violence within international law discourse have been discussed a lot lately. Following the rich jurisprudence of the Inter American Court of Human Rights (IACHR) and recently published guidelines of the International Center of Transitional Justice (ICTJ) for court-ordered reparations in cases of sexual violence, eyes start to turn towards the ICC. In this decision from 21 March 2016 the ICC has convicted the Congolese Movement of Liberation of the Congo (MLC) leader Jean-Pierre Bemba for the crimes committed by his troops in the Central African Republic between 2002-2003. It was the first time that the Court acknowledged rape as war crime and crime against humanity. Leer el resto de esta entrada »