December 8, 2023

Hundreds of foreigners are fighting for UAE in Yemen—How war crimes trials may deter them

The Saudi-led coalition in Yemen continues to eye a takeover of the Port of Hodeida, which has been under the control of the Houthi rebels since they forced President Abd Rabbuh Mansour Hadi to flee Yemen back in 2014. Experts have warned about the risk of war crimes should the Saudi- and Emirates-led coalition seize […]

No criminal

You showed us the crime but not the criminal – is the basic message from the ICC’s Pre-Trial Chamber I to the Prosecutor. At 103 pages their actual decision is significantly more detailed than that, but in essence the judges decided not to confirm the charges against Abu Garda not because they do not think […]

ICC judges do not confirm charges against Darfur rebel Abu Garda

The decision on the confirmation of charges (this is the “substantial grounds to believe” stage) in the ICC Prosecutor’s case against Darfuri rebel leader Abu Garda has just been released. The Prosecution was charging Abu Garda with three counts of war crimes related to the 2007 attack on the AMIS peacekeeping base at Haskanita. The […]

AU reaction to ICC Appeal decision in Bashir case

Hi all Book drafting taking priority over commentary here, but just to keep you updated re. reactions to the Appeals Chamber decision on the Bashir arrest warrant, I’m posting below the communique released by the African Union. In short they are continuing an anti-ICC position. One thing that did strike me when I was speaking […]

Legal std used to reject genocide charge for Bashir was wrong

In a straightforward delivery before a packed public gallery, the Presiding Judge in the ICC Appeals Chamber, Erkki Kourula (Finland) handed down the Appeals Chamber’s unanimous decision to reverse the Pre-Trial Chamber’s (PTC) decision with respect to the legal standard on which the PTC rejected the Prosecutor’s application for an arrest warrant for Bashir on […]

Appeal in Bashir case to be decided next week

The ICC has just released the advisory below. I will be in The Hague next week and plan to break from drafting to attend. Quite independent from the Bashir case per se, this issue of the standard of proof for inference at the arrest warrant stage is important for all future ICC cases. I will try and […]

ICC looks at Kenya: Backgrounder on how we got here

Last week the ICC Prosecutor applied to open an investigation into the post-election violence in Kenya. The three judges of the Pre-Trial Chamber will decide whether or not to allow him to begin investigating, but as the ICC is a court of last resort, I thought it would be useful give a brief summary of […]

Katanga/Ngudjolo trial begins

With all the pre-trial questions about whether the ICC had the jurisdiction over Katanga now cleared up, the trial of DRC warlords, Germain Katanga and Mathieu Ngudjolo Chui, has begun in The Hague this week. You can watch it through the court’s webstream. At yesterday’s opening, both Katanga and Ngudjolo plead not guilty to seven […]

Good result: Turkey buckles

A quick update on a previous post. According to AFP, the Sudanese state media is reporting that Bashir has called Turkish President Gul to say he doesn’t have time to go to attend the Organization of the Islamic Conference scheduled for tomorrow. As the Sudan Tribune tells the story, Taha told Bashir that Israeli and […]

Abu Garda is in the dock, but he is not the only one under scrutiny

It has been a fascinating week at the ICC with the Confirmation Hearing in the Prosecution’s case against Darfur rebel leader, Abu Garda. The Prosecution is charging him with three counts of war crimes (murder, intentionally directing attacks against a peacekeeping mission, and pillaging) with respect to the 2007 attack on the African Union peacekeeping […]