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Full-Text Articles in Law
Neither Facts Nor Law Support Israel’S Self-Defense Claim Regarding Its 2014 Assault On Gaza, James M. Leas
Neither Facts Nor Law Support Israel’S Self-Defense Claim Regarding Its 2014 Assault On Gaza, James M. Leas
James M Leas
When the prosecutor of the International Court of Justice announced in January 2015 that she would open “a preliminary examination of the situation in Palestine,” Israeli officials launched “a public diplomacy campaign” to discredit the court. Israeli officials rested their multi-pronged attack on the court on the claim that it acted in self-defense against Hamas rockets. However, neither facts nor law supports the Israeli claim that it was acting to protect its citizens. Contemporaneous reports from authoritative Israeli sources show that Israeli forces launched lethal attacks on the West Bank and Gaza before Hamas launched its first rockets to end …
Trying Nationals Of Non-Consenting, Non-Party States Before The International Criminal Court: An Unlawful Overreach, Jay Alan Sekulow, Robert Weston Ash
Trying Nationals Of Non-Consenting, Non-Party States Before The International Criminal Court: An Unlawful Overreach, Jay Alan Sekulow, Robert Weston Ash
Robert W. Ash
The Rome Statute is an international treaty which seeks, inter alia, to provide to the international community the tools necessary to bring to justice those responsible for the most horrific international crimes. The means chosen to achieve that goal was to create a standing international court to investigate and try persons alleged to have committed such crimes. To accomplish that goal, the Rome Statute created the International Criminal Court (ICC). As a creation of a treaty, the ICC falls within the area of conventional (i.e., convention-based) international law. Under customary international law, no States which decline to be bound by …
The Icc Against Entrenching Impunity: The African Tenth Anniversary View’, Lucky Michael Mgimba Mr.
The Icc Against Entrenching Impunity: The African Tenth Anniversary View’, Lucky Michael Mgimba Mr.
Lucky Michael Mgimba
For most of the 20th century the International legal community with Africa Inclusive worked towards the creation of a permanent international criminal court. Upon which the goal of establishing a permanent institution to prosecute the most egregious violations of international criminal law culminated with the formation of the International criminal Court (ICC). As it enters its Tenth anniversary, the ICC vested with the power to prosecute the four categories of offences: the crime of Genocide, Crimes against Humanity, War Crimes, and the Crime of Aggression which are in essence the most serious crimes of international concern was indeed a reverie …
Africa, Mark J. Calaguas
Africa, Mark J. Calaguas
Mark J Calaguas
The Africa Committee's contribution to the 2011 Year-in-Review issue of the American Bar Association Section of International Law's quarterly journal, The International Lawyer.
Jurisdiction And Admissibility Before The International Criminal Court, Joseph Davids
Jurisdiction And Admissibility Before The International Criminal Court, Joseph Davids
Joseph Davids
This paper analyses issues of jurisdiction and admissibility before the ICC in cases of self-referrals. The paper looks to the rules of procedure, the treaty and pragmatic considerations in an attempt to predict how the court would rule where a defendant challenges admissibility in a case that was self-referred but the referring State begins an investigation in to the crime.
The Principles Of Distinction And Proportionality Under The Framework Of International Criminal Responsibility -Content And Issues-, Marco A. Velásquez-Ruiz
The Principles Of Distinction And Proportionality Under The Framework Of International Criminal Responsibility -Content And Issues-, Marco A. Velásquez-Ruiz
Marco A. Velásquez-Ruiz
This article seeks to illustrate how the Principles of Distinction and Proportionality, coming from a branch of primary rules (International Humanitarian Law) have a relevant influence on the modern system of international criminal responsibility, consecrated in the Statute of the International Criminal Court, ICC. It is found that even if the latter contains provisions –war crimes– reproaching conducts due to their indiscriminate character, there are gaps related with the meaning and extension of such criminal conducts; this problematic is explained on one hand, by the political reluctance of States to compromise their sovereignty, and the specificities of the punitive function …
Towards Accountability For Mass Crimes: A Report Of The Indian Campaign On International Criminal Court 2000-2007, Saumya Uma, Pouruchisti Wadia
Towards Accountability For Mass Crimes: A Report Of The Indian Campaign On International Criminal Court 2000-2007, Saumya Uma, Pouruchisti Wadia
Saumya Uma
This contains a detailed narrative on the activities undertaken by ICC-India - an anti-impunity campaign on mass crimes and international law, from 2000 to 2007. The publication elaborates the work of the campaign on information dissemination, campaign and advocacy, research and publication, alliance-building and media outreach. It includes 16 pages of colour photographs, as well as illustrations in the form of graphs, tables and maps. Published by Women's Research & Action Group, 2008, English, 90 pages.
Antarrashtriya Dand Nyayalaya Aur Bharat: Kuch Sawaal-Jawaab, Saumya Uma
Antarrashtriya Dand Nyayalaya Aur Bharat: Kuch Sawaal-Jawaab, Saumya Uma
Saumya Uma
This is the Hindi translation of the publication 'International Criminal Court & India: Some Questions & Answers'
Danda Mukti Ko Virodh, Vahida Nainar, Saumya Uma
Danda Mukti Ko Virodh, Vahida Nainar, Saumya Uma
Saumya Uma
This is a Hindi translation of the English publication 'Combating Impunity'
Report Of The 1st National Consultation On International Criminal Court & India, Saumya Uma
Report Of The 1st National Consultation On International Criminal Court & India, Saumya Uma
Saumya Uma
This publication contains a detailed report of each session of the 1st National Consultation on the ICC & India, held in Delhi on 8-9 December 2005.
International Criminal Court & India: Responses To Queries Raised By Parliamentarians, Saumya Uma
International Criminal Court & India: Responses To Queries Raised By Parliamentarians, Saumya Uma
Saumya Uma
This is a pocket-book consisting of queries raised by Parliamentarians at the first consultative meeting organized by ICC-India campaign / Women's Research & Action Group on the International Criminal Court (ICC), in August 2005, and written responses to the same. It is aimed at strengthening the information dissemination efforts on ICC with Indian Parliamentarians.
International Criminal Court & India: Some Questions & Answers, Saumya Uma
International Criminal Court & India: Some Questions & Answers, Saumya Uma
Saumya Uma
This book was an outcome of an attempt to fill the “information gap” presently faced in making the ICC meaningful to civil society in India. It is based on questions that are frequently raised during workshops that the ICC-India campaign has conducted in various parts of the country. The contents of the book are in the form of questions and answers, and the book explains complex issues in a simple language. The publication is specially intended for Indian human rights organizations, activists and legal professionals engaged in campaigns on law and policy reform issues on human rights. This publication forms …
The Final Balance Sheet? The International Criminal Court’S Challenges And Concessions To The Westphalian Model, Jackson N. Maogoto
The Final Balance Sheet? The International Criminal Court’S Challenges And Concessions To The Westphalian Model, Jackson N. Maogoto
Jackson Nyamuya Maogoto
This Article examines the organization and operating principles of the Court. Many aspects of the Rome Statute challenge fundamental tenets of the structure of international law existing heretofore. No analysis could address all the aspects of this new international institution and the Article seeks to focus attention on some of its major features impacting on State sovereignty--the focus of this Article. Part II of the Article explores the structure and competence of the Court and in particular the powers of the prosecutor, general principles underlying the jurisdiction of the Court, the formulation of the complementarity principle in the Court’s Statute, …