Yes, but that doesn’t mean it’s a good idea.
Latest in International Criminal Court (ICC)
The Appeals Chamber of the International Criminal Court (ICC) on March 5 unanimously approved an investigation into alleged war crimes and crimes against humanity in Afghanistan committed by the United States military, Afghan authorities and the Taliban. The prosecutor is authorized to investigate crimes alleged to have been committed in Afghanistan since May 1, 2003, as well as other alleged crimes linked to the Afghan conflict committed on the territory of other states party to the Rome Statute since July 1, 2002.
The ICC prosecutor’s determination of jurisdiction relies on a controversial and legally problematic recognition of Palestinian statehood.
The Office of the Attorney General for the state of Israel released a detailed memorandum to explain why the International Criminal Court (ICC) has no jurisdiction over Palestine. The memo argues that Palestine has failed to meet the necessary precondition of possessing criminal jurisdiction over its territory since a sovereign Palestinian state does not exist at this time. The memo is available here and below.
The International Criminal Court Appeals Chamber has released its decision in the appeal of Omar al-Bashir, finding in a split ruling that Jordan should have arrested al-Bashir during his visit to the country in 2017 but that Jordan should not be referred to the United Nations for sanction over its failure to do so.
On Friday, a panel of three International Criminal Court judges rejected the request of the court's Prosecutor to investigate "the situation" in Afghanistan, including alleged war crimes committed by the U.S. military and CIA.
Several news outlets are reporting on conciliatory signals from the Palestinian Authority regarding negotiations with Israel. One key gesture is a temporary deemphasis on pursuing Israel at the International Criminal Court (ICC). As Bloomberg reports:
Editor's note: This piece originally appeared in Markaz.
The chemical weapons attack in the Syrian town of Khan Shaykhun earlier this month has led to renewed calls for members of the Assad regime to face justice. Boris Johnson and Jean-Marc Ayrault recently wrote in The Guardian, for example, “there will be no impunity.”
In a February Lawfare post, David Bosco analyzed the different possible US responses to the pending decision of the International Criminal Court (ICC) Prosecutor on whether to open an investigation into US detention practices and alleged torture in Afghanistan.
The Jerusalem Post published yesterday a lengthy profile of Israel’s Military Advocate-General, Sharon Afek. The article notes that Afek will have a key role in shaping Israel’s posture toward the International Criminal Court (ICC), which in 2015 opened a preliminary examination of the situation in Palestine.