scholarly journals Taking the Settlements to the ICC? Substantive Issues

AJIL Unbound ◽  
2017 ◽  
Vol 111 ◽  
pp. 57-61 ◽  
Author(s):  
Yaël Ronen
Keyword(s):  
International Criminal Court ◽  
International Criminal ◽  
West Bank ◽  
Criminal Court ◽  
Review Article ◽  
The West ◽  
Additional Protocol ◽  
Temporal Aspects ◽  
Article Abstract

Interest in the criminal aspects of the Israeli settlement project in the West Bank is hardly new; it informed the drafting of Additional Protocol I (AP I) and of the Statute of the International Criminal Court (ICC), and motivated Israel's rejection of both instruments. The 2009 Palestinian attempt to establish ICCjurisdictionpromptedextensivescholarlydebate on the preconditions for jurisdiction and on its territorial and temporal aspects, as well as on specific admissibility questions, primarily gravity. (Complementarity is not an issue with regard to the establishment of West Bank settlements, since Israeli law and jurisprudence do not prohibit it, although they regulate some aspects related thereto).

Continuing or Settled? Prosecution of Israeli Settlements under Article 8(2)(b)(viii) of the Rome Statute

2019 ◽  
Vol 20 (1) ◽  
pp. 33-83 ◽  
Author(s):  
Uzay Yasar Aysev
Keyword(s):  
International Criminal Court ◽  
Rome Statute ◽  
International Criminal ◽  
West Bank ◽  
Criminal Court ◽  
The State ◽  
The West ◽  
Occupied Territory

This article provides a definitional framework for the concepts of instantaneous, continuous and continuing crimes, drawing from domestic and international legal authorities and applying these definitions to article 8(2)(b)(viii) of the Rome Statute of the International Criminal Court, which criminalizes transfer of population by the Occupying Power into an occupied territory. The article focuses on the interpretation of article 8(2)(b)(viii) as an instantaneous, continuous or continuing crime with reference to the Israeli settlement activities in the West Bank in order to assess whether the transfer of settlers into the West Bank prior to June 2014 – i.e. the date that the temporal jurisdiction of the ICC starts in the territory of the State of Palestine, can be investigated and prosecuted.

Continuing or Settled? Prosecution of Israeli Settlements under Article 8(2)(b)(viii) of the Rome Statute

2020 ◽  
Vol 20 (1) ◽  
pp. 33-83
Author(s):  
Uzay Yasar Aysev
Keyword(s):  
International Criminal Court ◽  
Rome Statute ◽  
International Criminal ◽  
West Bank ◽  
Criminal Court ◽  
The State ◽  
The West ◽  
Occupied Territory

Abstract This article provides a definitional framework for the concepts of instantaneous, continuous and continuing crimes, drawing from domestic and international legal authorities and applying these definitions to article 8(2)(b)(viii) of the Rome Statute of the International Criminal Court, which criminalizes transfer of population by the Occupying Power into an occupied territory. The article focuses on the interpretation of article 8(2)(b)(viii) as an instantaneous, continuous or continuing crime with reference to the Israeli settlement activities in the West Bank in order to assess whether the transfer of settlers into the West Bank prior to June 2014 – i.e. the date that the temporal jurisdiction of the ICC starts in the territory of the State of Palestine, can be investigated and prosecuted.

International relations and the International Criminal Court

2020 ◽  
pp. 561-575
Author(s):  
Njoki Wamai
Keyword(s):  
International Relations ◽  
International Criminal Court ◽  
International Criminal ◽  
International Community ◽  
Criminal Court ◽  
The West ◽  
The Us ◽  
The Uk ◽  
The Relationship

The tensions generated by the International Criminal Court’s (ICC’s) indictment of four prominent Kenyans—including Uhuru Kenyatta and William Ruto, who went on to become president and deputy president of the Kenyan Republic, respectively—in 2013 promised to reorder the relationship between Kenya and the international community. This chapter discusses the ICC’s intervention and its impact on both local Kenyan politics and Kenya’s relationship with its regional and international partners including its traditional Western partners, such as Europe, the UK, and the US. The chapter also discusses how tensions between Kenya and the West influenced Kenya’s relationship with the East including China, India, and Japan.

New Gambian president will re-engage the West

2016 ◽  
Keyword(s):  
International Criminal Court ◽  
International Criminal ◽  
Criminal Court ◽  
Military Coup ◽  
The Political ◽  
Legislative Elections ◽  
The West ◽  
Content Type ◽  
Security Services ◽  
The Military

Significance If Barrow is inaugurated, it will mark the first peaceful transfer of power since the country gained independence. Incumbent Yahya Jammeh, who seized power in a 1994 military coup, was widely expected to claim victory, despite widespread frustration. With the economy stagnant and the unemployment rate among the highest in West Africa, Barrow successfully united much of the political opposition. Jammeh's concession was unexpected given the repression that his security services employed prior to the election. Impacts A new administration will look to draw prominent figures from across The Gambia's ethnic groups. Security will remain taut ahead of the upcoming inauguration and legislative elections scheduled for April. The new government could renew its commitment to the International Criminal Court (ICC). There could be widespread calls for the prosecution of Jammeh, which may provoke unrest within the military and new coup fears.

“Rounding Up the Usual Suspects”: Exclusion, Selectivity, and Impunity in the Enforcement of International Criminal Justice and the African Union’s Emerging Resistance

2011 ◽  
Vol 4 (1) ◽  
pp. 51-84 ◽  
Author(s):  
Ifeonu Eberechi
Keyword(s):  
Criminal Justice ◽  
International Criminal Court ◽  
International Criminal ◽  
Criminal Court ◽  
International Justice ◽  
International Criminal Justice ◽  
African Union ◽  
The West ◽  
Regime Complex

AbstractDespite the overwhelming ratification of the statute of the International Criminal Court (ICC) by African states, recent attempts to prosecute the perpetrators of egregious crimes in the region have come under a sustained opposition from its regional body, the African Union (AU). In fact, the blunt accusation is that international criminal justice has become an instrument of colonization. Within the context of the AU’s claim, this article engages the question of selective enforcement of international criminal accountability, ironically beginning with the Nuremberg trial. Without necessarily justifying the senseless perpetration of heinous crimes in Africa, this article argues that an international justice regime complex that is perceived to be skewed in favour of the West engenders a crisis of legitimacy and ultimately robs it of the much needed cooperation from the region.

The International Criminal Court

2018 ◽  
Author(s):  
Leslie Vinjamuri
Keyword(s):  
Security Council ◽  
International Criminal Court ◽  
International Criminal ◽  
The United States ◽  
Criminal Court ◽  
International Justice ◽  
International Institution ◽  
Major Power ◽  
The West ◽  
International Court

This chapter examines the International Criminal Court (ICC). The ICC, like many international institutions, depends on states to help enforce its mandate. Unsurprisingly for an international institution, but troubling for an international court, this has contributed to the perception that it is aligned with the West and that it ates powerful Western states, especially the United States. This built-in major power dependency threatens to undermine ICC’ authority among many of its most steadfast proponents. The ICC’s proximity to state power, and especially to the Security Council, is directly at odds with the principle of impartiality that is central to international justice norms. The challenge of balancing power and independence was especially palpable in the aftermath of NATO’s war in Libya, where the proximity between the Security Council, state interests, and international criminal justice seemed uncomfortably close for many of the ICC’s proponents.

scholarly journals Israeli Settlements, U.S. Foreign Policy, and International Law

2020 ◽  
pp. 47-57
Keyword(s):  
Foreign Policy ◽  
International Law ◽  
International Criminal Court ◽  
International Criminal ◽  
West Bank ◽  
War Crimes ◽  
Criminal Court ◽  
Secretary Of State ◽  
Dramatic Departure

U.S. Secretary of State Mike Pompeo’s statement that Israel’s settlements are not contrary to international law caused international outrage as it marked a dramatic departure from previous U.S. statements on the legality of Israel’s West Bank settlements. This paper argues that the announcement was connected to developments at the International Criminal Court (ICC) where the Prosecutor, a month later, announced that there is a reasonable basis to initiate an investigation into alleged war crimes committed in Palestine by Israel and Hamas.

African presidents will weigh costs of leaving office

2016 ◽  
Keyword(s):  
International Criminal Court ◽  
International Criminal ◽  
Criminal Court ◽  
West African ◽  
Political Uncertainty ◽  
Political Leaders ◽  
The West ◽  
Content Type ◽  
Electoral Violence ◽  
Support For Democracy

Significance Jammeh has rescinded his initial concession and is challenging the outcome. Across the continent, decisions of presidents to stand down from office are critical for avoiding electoral violence and pushing forward the process of democratic consolidation. When presidents stand down, it builds trust between rival parties and increases popular support for democracy. Presidents willing to transfer power peacefully also minimise the risk of political uncertainty and conflict. Impacts West African states may agree to provide Jammeh with a safe residence to support a smooth transfer of power. Declining opinions of democracy in the West could erode its appeal overall. Investigations into political leaders will continue to foment dissatisfaction with the International Criminal Court (ICC).

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