Comments for Liu Institute - Reports from the field

Comment on Goodnight, And Good Luck by rose

rose — Wed, 30 Jun 2010 08:08:33 +0000

Thank YOU Adam and Chris for this great resource.

Comment on Deal Done. by asbower

asbower — Sun, 13 Jun 2010 20:21:35 +0000

Hi Rose,
I don’t have the text in front of me, so I’ll have to defer on this until I get back to my laptop and conference files. Prof. Bill Schabas’ blog (http://iccreviewconference.blogspot.com/) has a good run-down on the amendment, but I’m not sure if he answers your particular question. I’ll re-read the final text in a few days when I have a chance, and get back to you.
But one thing to recall is that nothing–neither a UNSC determination/referral nor an independent initiation of an investigation by the Court–can occur until at least 2017. That was part of the grand bargain that got this amendment over the finish line.

Comment on Deal Done. by Asad Kiyani

Asad Kiyani — Sun, 13 Jun 2010 07:45:15 +0000

This was actually quite gripping. Thanks for this guys. AK

Comment on Deal Done. by Rose

Rose — Fri, 11 Jun 2010 23:38:47 +0000

Hi there! Reading up on what happened from the free internet at Singapore airport. If either of you gets a chance, could you please clarify something about the amendment for me? Or point me in the direction of something someone’s put online that might have the answer? When the SC makes a declaration, but it’s a declaration at the act of aggression has not occured (as opposed to one saying an act of aggression has occured) , can the prosecutor still proceed through the chanels to have th situtation investigated? Thanks for all your great posts so far. Rose

Comment on Day 7: The Canadian Proposal by The Canadian Proposal, Unpacked — Liu Institute – Reports from the field

Wed, 09 Jun 2010 14:16:48 +0000

[...] from others. You can find the exact language of the proposal in an initial post by Adam Bower here. You can find background to the aggression debate on our blog here and here, and from U of A [...]

Comment on Do Victims Have a Role at the Review Conference? by Benjamin Perrin

Benjamin Perrin — Mon, 07 Jun 2010 23:04:45 +0000

The ICC has indeed taken the role of victims in some remarkable new directions. Some initiatives called window-dressing, but others more substantive.

While some have been critical of the Court’s early efforts (see Kelisiana Thynne, “The International Criminal Court: A Failure of International Justice for Victims?” (2009) 46 Alberta Law Review 957), the following recent decision of the ICC has dramatically expanded the potential role of victims in adducing and testing evidence at trial in their own right. Both documents are available on the ICC website:

* The Prosecutor v. Thomas Lubanga Dyilo (Situation in the Democratic Republic of the Congo), Judgment on the appeals of The Prosecution and The Defence against Trial Chamber I’s Decision on Victims’ Participation of 18 January 2008, ICC-01/04-01/06 OA 9 OA 10, Appeals Chamber, 11 July 2008.

* The Prosecutor v. Thomas Lubanga Dyilo (Situation in the Democratic Republic of the Congo), Judgment on the appeals of The Prosecution and The Defence against Trial Chamber I’s Decision on Victims’ Participation of 18 January 2008 – Partly Dissenting Opinion of Judge Philippe Kirsch, ICC-01/04-01/06 OA 9 OA 10, Appeals Chamber, 23 July 2008.

Comment on Day 3: Stocktaking Begins by asbower

asbower — Fri, 04 Jun 2010 09:20:06 +0000

For a more thoughtful perspective on this, see Professor Darryl Robinson’s post on the EJIL Talk blog: http://www.ejiltalk.org/icc-review-conference-taking-stock-of-stocktaking/

Comment on Africa and the ICC – Resistance or Cooperation? by Ndung'u Wainaina

Ndung'u Wainaina — Fri, 04 Jun 2010 08:04:48 +0000

The people of Africa are crying for justice. Beneficiary and benefactors of impunity are responsible for creating impression Africa is against ICC. When African leaders met in Sirte, Libya issuing a declaration opposing ICC, it is them not people of Africa.

Comment on Day 4: Complementarity and Cooperation by Rosemary Grey

Rosemary Grey — Fri, 04 Jun 2010 05:06:21 +0000

As you say, the discussions about positive complementarity efforts focused on “legal and judicial training, financial assistance and other forms of capacity-building”. My criticism of that list is that it’s missing in that training in gender sensitivity and gender inclusiveness. I was very disappointed that after local and regional womens’ groups continued calls to have gender considerations mainstreamed into peace-building efforts and legal reform, the topic was glaringly absent from all discussions in the plenary.

Comment on What is the Review Conference, and Why Should You Care? by Canada and the ICC. Part Two: General Statement. — Liu Institute – Reports from the field

Tue, 01 Jun 2010 21:05:01 +0000

[...] sometimes guarded) of their state’s position on the proposed amendments to the Rome Statute. (See Adam’s post for a description of those topics.) I’ll include excerpts from Canada’s statement below. But [...]