International Criminal Court (ICC)

Latest in International Criminal Court (ICC)

International Criminal Court (ICC)

Israeli Attorney General Challenges ICC Jurisdiction in Palestine

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.

Syria

The Perils of Impulsive Promises for Justice in Syria

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.”

International Law

Did North Korea's Use of VX Nerve Agent Violate International Law?

On February 13, Kim Jong-nam—the half-brother of North Korean leader Kim Jong-un—was killed at the airport in Kuala Lumpur, Malaysia. Malaysian investigators have determined that two women, who have since been charged with murder, used VX nerve agent—a chemical weapon—in the assassination. Attribution has not yet been confirmed, but Malaysian Prime Minister Najib Razak has directly blamed North Korea (DPRK) for the assassination. In addition, U.S.

International Law

US Options for Responding to ICC Scrutiny in Afghanistan

For the first time, the International Criminal Court (ICC) is poised to open an investigation that explicitly includes alleged crimes by U.S. personnel, setting up a possible confrontation between the United States and the court. Specifically, the ICC prosecutor is preparing to launch a full investigation in Afghanistan that will scrutinize U.S.

Readings

Rebecca Hamilton on the State's Role in Enabling International Crimes

Rebecca Hamilton (who, I’m pleased to say, has just joined my faculty, Washington College of Law, American University, in areas of international law and national security) has an article on international criminal law (ICL) appearing in the new issue of the Yale Journal of International Law, titled “State-Enabled Crimes” (SSRN link here).

Israel-Palestine

Israel talks to the ICC prosecutor

Reuters is reporting that Israeli officials are speaking with the prosector of the International Criminal Court (ICC) regarding its preliminary examination in Palestine. Israel is not an ICC member and has argued that Palestine has no standing to join the court or grant it jurisdiction. But Israeli officials have decided—correctly, in my view—that communication with the prosecutor is the best strategy for now:

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