Digital Commons Network^™

Crimes Against The Environment, Ecocide, And The International Criminal Court, Milena Sterio

Case Western Reserve Journal of International Law

Ecocide as well as other crimes against the environment have become a feature of warfare, as exemplified in the Russian invasion of Ukraine and the devastating environmental harm caused as a result. As this Paper has described, significant obstacles remain associated with the ICC’s ability to prosecute environmental crimes, either as war crimes or crimes against humanity. (Abstrast excerpted from article's Conclusion.)

The International Criminal Court At Ten, William A. Schabas

The International Journal of Ethical Leadership

No abstract provided.

The International Criminal Court: Current Challenges And Prospect Of Future Success, Milena Sterio

Case Western Reserve Journal of International Law

"The ICC has served as an agent of impunity since its inception in 1998, and its fundamental role in the field of international criminal justice as a permanent accountability mechanism remains undisputed. The court is, however, facing significant challenges which may threaten its legitimacy. These challenges can be surmounted if the court is willing to take a hard look at its own procedures, prosecutorial practices, and judicial attitudes. The ICC’s future may be bright if the court makes significant changes in the present." (Conclusion, p. 478)

A Program For The Next Icc Prosecutor, Alex Whiting

Case Western Reserve Journal of International Law

"As the International Criminal Court (ICC) begins the process of selecting the next Prosecutor, it finds itself at a critical moment. Few people believe that the institution has lived up to expectations. The court has brought relatively few cases, and many have not succeeded.2 While convictions were achieved in the Lubanga, Ntaganda, Katanga, and Al Mahdi cases, as well as in the obstruction of justice cases arising out of the Bemba prosecution, many other cases failed at the confirmation stage, during or after trial, or on appeal.3 he future looks grim. Presently, there is just one case at trial (Ongwen) …

Too Few Trials, Too Many Tribulations: The Icc's Terrible Year And Where To Go From Here, Elizabeth Evenson

Case Western Reserve Journal of International Law

"In June 2018, the International Criminal Court (ICC) appeals chamber reversed what had been the court’s most significant verdict: a 2016 conviction of a former Congolese vice-president, Jean-Pierre Bemba, for crimes committed in the Central African Republic.1 This was significant because it was the court’s first conviction for crimes of sexual and gender-based violence and on the basis of command responsibility, and because Bemba was among the most senior-ranking officials to appear for trial at the court.

An acquittal needs to be understood as a legitimate outcome to any justice process, but, in context, the decision touched off alarm bells …

The Path Forward For The International Criminal Court: Questions Searching For Answers, Amb. Todd F. Buchwald

Case Western Reserve Journal of International Law

"In June 2018, the International Criminal Court (ICC) appeals chamber reversed what had been the court’s most significant verdict: a 2016 conviction of a former Congolese vice-president, Jean-Pierre Bemba, for crimes committed in the Central African Republic. This was significant because it was the court’s first conviction for crimes of sexual and gender-based violence and on the basis of command responsibility, and because Bemba was among the most senior-ranking officials to appear for trial at the court.2 An acquittal needs to be understood as a legitimate outcome to any justice process, but, in context, the decision touched off alarm bells …

The Trump Administration And The International Criminal Court: A Misguided New Policy, Mileno Sterio

Case Western Reserve Journal of International Law

The article focuses on the approach of U.S. President Donald Trump' administration regarding International Criminal Court (ICC). It presents views of National Security Advisor John Bolton on Protecting American Constitutionalism and Sovereignty from International Threats.

Individual Criminal Responsibility For The Destruction Of Religious And Historic Buildings: The Al Mahdi Case, Milena Sterio

Case Western Reserve Journal of International Law

Ahmad Al Faqi Al Mahdi, also known as Abon Tourab, was a member of the radical Islamic group Ansar Eddine, serving as one of four commanders during its brutal occupation of Timbuktu in 2012. The International Criminal Court (ICC) indicted Al Mahdi on several charges of war crimes, for intentional attacks against ten religious and historic buildings and monuments. All the buildings which Al Mahdi was charged with attacking had been under UNESCO protection, and most had been listed as world heritage sites. The case against Al Mahdi at the ICC unfolded relatively quickly and efficiently, from the official Malian …

The Icc's Role In Combatting The Destruction Of Cultural Heritage, Mark S. Ellis

Case Western Reserve Journal of International Law

However, the case’s firm grounding in international law, and the clear connection between a category of cultural-property crimes and attempts at cultural erasure, challenges the notion that these are second-rate crimes. The case reinforces the legal principle that attacks on culture, like attacks against people, constitute war crimes subject to international criminal prosecution. The Al Mahdi case will be significant in determining how the international community should best deal with such abhorrent attacks in the future.

Al Mahdi Has Been Convicted Of A Crime He Did Not Commit, William Schabas

Case Western Reserve Journal of International Law

A closer look at the Rome Statute suggests that Al Mahdi did not commit the crime for which he was convicted.

Inter-National Justice For Them Or Global Justice For Us?: The U.S. As A Supranational Justice Donor, Margaret M. Deguzman

Case Western Reserve Journal of International Law

U.S. policy concerning international justice, particularly at the ICC, involves case-by-case support when such support is in U.S. national interests. This policy signals that the U.S. considers itself a supranational justice donor rather than a member of a global justice community committed to enforcing shared values. This approach to international criminal justice both inhibits global justice efforts and undermines the U.S. claim to global moral leadership. The next U.S. administration should assert full membership in the global justice community by joining the ICC and providing unequivocal support for all efforts to address serious international crimes.

Can The Icc Consider Quesztions On Jus Ad Bellum In A War Crimes Trial?, Thomas S. Harris

Case Western Reserve Journal of International Law

War has forever been considered the utmost necessary evil. Nevertheless, international law has for some time sought to limit the right to wage war (jus ad bellum), as well as the means and methods employed amid war (jus in bello). Although these two branches of law now share humanitarian purposes the prevention of war and its effects -- they have generally been kept separate throughout history. However, confronted with widespread violations of jus in bello, resulting in appalling humanitarian disasters, some have suggested amending their relationship. This was notably sought at the Nuremberg Trials, where prosecutors failed to contend that …

Current U.S. Policy On The Crime Of Aggression: History In The Unmaking?, Donald M. Ferencz

Case Western Reserve Journal of International Law

At the 2015 Annual Meeting of the American Society of International Law, a U.S. policy statement on the crime of aggression was presented as part of a panel entitled "The ICC Crime of Aggression and the Changing International Security Landscape." This article examines current U.S. policy on the crime of aggression, highlighting the historic role that the U.S. played in establishing aggression as an international crime after World War II, and concludes that activation of ICC jurisdiction over the crime of aggression would be a significant step forward in the development of international law.

Reflections From The International Criminal Court Prosecutor, Fatou Bensouda

Case Western Reserve Journal of International Law

No abstract provided.

Victims Before International Criminal Courts: Some Views And Concerns Of An Icc Trial Judge, Christine Van Den Wyngaert Hon.

Case Western Reserve Journal of International Law

No abstract provided.

"The Crisis In The Implementation Of International Law", Richard Goldstone Hon.

Case Western Reserve Journal of International Law

No abstract provided.

Whose Lawfare Is It, Anyway?, David Scheffer

Case Western Reserve Journal of International Law

No abstract provided.

Ambiguities In Articles 5(2), 121 And 123 Of The Rome Statute, Roger S. Clark

Case Western Reserve Journal of International Law

No abstract provided.

Bringing The Crime Of Aggression Within The Active Jurisdiction Of The Icc, Donald M. Ferencz

Case Western Reserve Journal of International Law

No abstract provided.

A Pragmatic Approach To Jurisdictional And Definitional Requirements For The Crime Of Aggression In The Rome Statute, David Scheffer

Case Western Reserve Journal of International Law

No abstract provided.

Transcript: Jurisdictional And Trigger Mechanisms, Mark S. Ellis

Case Western Reserve Journal of International Law

No abstract provided.

Report Of The Cleveland Experts Meeting: The International Criminal Court And The Crime Of Aggression, Experts Meeting

Case Western Reserve Journal of International Law

No abstract provided.

The Least Dangerous Branch: Six Letters From Publius To Cato In Support Of The International Criminal Court, Leila Nadya Sadat

Case Western Reserve Journal of International Law

No abstract provided.

From Nuremberg To Rome: A Step Backward For U.S. Foreign Policy, Henry T. King, Theodore C. Theofrastous

Case Western Reserve Journal of International Law

No abstract provided.

The 1994 I.L.C. Draft Statute For An International Criminal Court: A Principled Appraisal Of Jurisdictional Structure, Bradley E. Berg

Case Western Reserve Journal of International Law

No abstract provided.