Alex Whiting

Subscribe to this Lawfare contributor via RSS.

International Criminal Court (ICC)

How Israel Should Address the Gaza Report’s Impact on the ICC

There has already been considerable discussion of the UN Human Rights Council’s Independent Commission of Inquiry Report into the 2014 Gaza war. What is not known, however, is whether the International Criminal Court (ICC) will rely on the Report in its own inquiry into the 2014 Gaza war. Will the ICC consider the information contained in the Report when deciding whether to open a formal investigation, or during the investigation itself?

International Law

Omar al Bashir has left the Building (and the Country)

The international criminal law world was abuzz the last two days over the possibility that the President of Sudan, Omar al Bashir, might actually be arrested in South Africa on International Criminal Court (ICC) arrest warrants dating from 2009 and 2010, charging him with genocide, crimes against humanity, and war crimes.


On Palestine's Decision to "Hold Off" on Referring the Situation in Palestine to the ICC

Yesterday there was a small ceremony at the International Criminal Court to mark Palestine becoming the 123rd State Party to the Rome Statute.  For all the attention this event received, what might ultimately be more interesting is what did not happen yesterday.

International Law

The ICC Opening of a Palestine Preliminary Examination: A Non-Event

Today’s announcement by the Prosecutor of the International Criminal Court that she is opening a “preliminary examination” into alleged crimes on Palestinian territory since June 13, 2014 is really a non-event and should not be seen in any way as an indication of what the ICC may or may not do in the future.  It is true that in opening the preliminary examination, the Prosecutor is accepting that Palestine is a state that can confer jurisdiction on the ICC for alleged past international cri


Palestine and the ICC: An (Imagined) View from Inside the Court

There has been considerable speculation about how the Office of the Prosecutor (OTP) at the International Criminal Court (ICC) might react to the State of Palestine’s move to join the ICC. Some have suggested that the OTP will jump at the chance to do a case outside of Africa. Others believe that the Prosecutor will move more cautiously.