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Full-Text Articles in Jurisdiction
Palestine Is A State: A Horse With Black And White Stripes Is A Zebra, John Quigley
Palestine Is A State: A Horse With Black And White Stripes Is A Zebra, John Quigley
Michigan Journal of International Law
The article Israel, Palestine, and the ICC by Daniel Benoliel and Ronen Perry, published in Volume 32 of the Michigan Journal of International Law, makes a case against a possible assertion of jurisdiction by the International Criminal Court over war crimes that may have been committed by persons on either side of the 2008-2009 war in Gaza. Benoliel and Perry argue that the International Criminal Court is powerless to investigate or to prosecute such war crimes, despite the strong possibility that such crimes were committed. Concern over such possible crimes has been widely expressed at the international level, including a …
Israel, Palestine, And The Icc, Daniel Benoliel, Ronen Perry
Israel, Palestine, And The Icc, Daniel Benoliel, Ronen Perry
Michigan Journal of International Law
In the wake of the Israel-Gaza 2008-09 armed conflict and recently commenced process at the International Criminal Court (ICC), the Court will soon face a major challenge with the potential to determine its degree of judicial independence and overall legitimacy. It may need to decide whether a Palestinian state exists, either for the purposes of the Court itself, or perhaps even in general. The ICC, which currently has 113 member states, has not yet recognized Palestine as a sovereign state or as a member. Moreover, although the ICC potentially has the authority to investigate crimes which fall into its subject-matter …
Continuing Crimes In The Rome Statute, Alan Nissel
Continuing Crimes In The Rome Statute, Alan Nissel
Michigan Journal of International Law
One of the most ambitious goals of the International Criminal Court is to balance the ideal of ending impunity with the legalistic protection of the accused from the arbitrary application of law. Accordingly, the main task of this Article will be to determine when continuing crimes will fall under the jurisdiction of the International Criminal Court according to the established primary and secondary sources of international law-i.e., within the rule of law.
Some Troubling Elements In The Treaty Language Of The Rome Statute Of The International Criminal Court, Catherine R. Blanchet
Some Troubling Elements In The Treaty Language Of The Rome Statute Of The International Criminal Court, Catherine R. Blanchet
Michigan Journal of International Law
This Note will examine problems that arise from the language of the Rome Statute itself. Part II will examine the potential strategic uses of the Rome Statute's jurisdictional aspects. It will also examine how the fairness concerns raised by this potential usage are exacerbated when the potential State abuser is a permanent member of the Security Council. Part III will look at the language of the Rome Statute's definition of crimes against humanity. It will also examine the various and varying interpretations of this language by the scholars and commentators who have examined the issue.
The Statute Of The International Criminal Court And Third States, Gennady M. Danilenko
The Statute Of The International Criminal Court And Third States, Gennady M. Danilenko
Michigan Journal of International Law
This paper examines the principal legal and political effects of the Rome Statute on non-parties. In particular, it explores the significance of the creation of a new powerful international institution for all members of the international community. It discusses the jurisdictional reach of the ICC which will inevitably affect all States. This paper also analyzes possible application of some provisions of the Rome Statute to non-States Parties in so far as these may reflect or generate customary international law. It suggests that despite the traditional principle of treaty law, according to which treaties do not bind Third States, the Rome …