ICC Archives - Page 15 of 17 - michaelgkarnavas.net/Blog

Upcoming Seminar concerning ICC List Counsel – 16-17 July 2015

On 16-17 July 2015, Dr Fabián O. Raimondo, Assistant Professor of Public International Law, Maastricht University, is hosting a Seminar directed exclusively to ICC List Counsel. The program is topical, relevant and practical.

Moreover, the Registrar will not only present his proposal for restructuring the Registry under the ReVision project, but will also engage the participants in what promises to be a lively discussion on many of the issues related to his vision and expectations on restructuring two of the most critical sections deemed by many List Counsel as essential in their representation of their clients: the OPCD and OPCV. See my prior post on Establishment of a Victims and Defence Office at the ICC. Continue reading “Upcoming Seminar concerning ICC List Counsel – 16-17 July 2015”

Musing on the ICCBA Draft Constitution

As I noted in a prior post, I was selected to chair the Committee for drafting a Constitution for a Bar/Association at the ICC. The latest draft of the Constitution (English / French) has just been sent around to List Counsel with a commentary (English / French) to assist in understanding the efforts and aims of the Committee, and to further guide deliberations and contributions on this draft. Comments are being solicited to ensure that the Constitution is representative of List Counsel’s collective views. As I have done before, I would like to present my vision on the draft Constitution. Continue reading “Musing on the ICCBA Draft Constitution”

Sketches of a Bar for the ICC Counsel

In my last post on establishing a Bar for the ICC, I noted that a committee had been formed to draft a Constitution to be circulated for comments, and that my draft was selected as the working draft. Now I would like further elaborate upon my vision for and concerns of a Constitution for a Bar for Counsel practicing at the ICC; a Bar that should also be open for Counsel practicing before other international tribunals. Continue reading “Sketches of a Bar for the ICC Counsel”

ICC Registrar supports establishment of an Association for List Counsel

For several years there have been talks and initiatives by members of the ICC List Counsel to establish a Bar or an Association. Indeed, in the last couple of years we have seen a growing interest, if not impatience, for a Bar or Association.

Last year I circulated a draft Constitution for an ICC Bar for List Counsel (click language choice to see draft in English or French) based in part on an earlier initiative and inspired by the ADC-ICTY model. I also circulated a modest commentary. But as in the past, the momentum and enthusiasm waned with the passage of time.

Then, out of the blue, the ICC Registrar, Herman von Hebel, sent an outline of proposals to be discussed during a meeting with List Counsel held on 16 September, wherein he expressed an interest in the establishment of an Association by, for and of List Counsel, that would be officially recognized by the ICC. Just what many of us have been advocating since as far back as 2007.

So the biggest hurdle – that of convincing the Registrar to recognize a Bar or Association for ICC List Counsel – has been removed. Time to move forward, and move swiftly. And here is why. Continue reading “ICC Registrar supports establishment of an Association for List Counsel”

Just How Relevant is the ICC – Part VII and Conclusion

This multi-part blog post is drawn from Michael G. Karnavas’s Lecture at the Brown University International Organization (BRIO) February 26, 2014. The complete piece is available on Michael’s website.

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h. Syria

Finally, it was time to focus on Syria: what are the realistic prospects of Bashar Al-Assad and others being prosecuted at the ICC? Recalling how a case comes before the ICC, I noted that it was highly unlikely that Assad or others would end up at The Hague any time soon, if at all. Syria has not signed on to the Rome Statute.[1] This Syrian government is not about to agree to ICC jurisdiction. Assuming the Assad regime falls, the next government would be poised to ask the ICC to investigate and prosecute, but given that all sides to the conflict seem to be committing mass atrocities, it does call into question whether there would be a genuine desire to get the ICC involved. The Security Council is unlikely to refer the matter to the ICC Prosecutor, when it cannot even agree on the need to intervene for humanitarian reasons.[2] But hope springs eternal. Theoretically, nothing can be precluded. Continue reading “Just How Relevant is the ICC – Part VII and Conclusion”

Just How Relevant is the ICC – Part VI

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g. Kenya and Africa

My next vignette dealt with the Kenya case and the African Union (AU)’s reaction to the ICC, focusing exclusively on Africa, and in particular, the ICC efforts to prosecute sitting Heads of State. Kenya has had a long history of election violence.[1] On 30 December 2007, following the announcement of the Kenyan election results, large-scale political violence broke out amid claims that the electoral commission of Kenya had rigged the elections in favor of incumbent Mwai Kibaki.[2] Two months of bloodshed between the two rival coalitions (Ralia Odigna’s Orange Democratic Movement [“ODP”] and Mwai Kibaki’s Government/Party for National Unity [“PNU”]) left an estimated 1,000 people dead, and as many as 500,000 internally displaced persons.[3] In the midst of the violence, former UN Secretary General Kofi Annan received a call from President Kufor of Ghana, then Chairman of the AU, asking Kofi Annan to mediate the crisis in Kenya.[4] Kofi Annan led the Panel of African Eminent Personalities through 41 days of mediation and the political violence ended upon the two parties signing a peace agreement: The Agreement on the Principles of Partnership of the Coalition Government.[5] On 4 March 2008, the parties agreed to form two fact-finding commissions: the Independent Review Committee and the Commission of Inquiry on Post-Election Violence (CIPEV).[6] The CIPEV made a number of recommendations to the government, and findings were presented to Kofi Annan, the appointing authority for the commission.[7] The CIPEV recommended investigation, and eventual prosecution of certain persons alleged to have masterminded the violence and recommended that a Special Tribunal adjudicate serious crimes: particularly, crimes against humanity.[8] The names were placed in a secret envelope and were kept with the Panel led by Kofi Annan and pending the establishment of a Special Tribunal.[9] If the government failed to establish the Tribunal, the Panel would forward the names of the perpetrators to the ICC.[10] The Kenyan parliament failed—due to political stalemate^[11]—to establish the Tribunal and Kofi Annan handed over the sealed envelope to the ICC Chief Prosecutor, Luis Moreno-Ocampo.[12]

Continue reading “Just How Relevant is the ICC – Part VI”

Just How Relevant is the ICC – Part V

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e. Cambodia

I next turned to a vignette from Cambodia since it seemed to nicely compliment the Egyptian one. On 7 January 2014, the Cambodia National Rescue Party (CNRP) issued a press release that it had engaged an international lawyer to lead a team of international lawyers to “analyse the evidence of crimes committed by Cambodian security forces and, if justified, file a request to the Prosecutor of the International Criminal court to initiate investigations into the situation in Cambodia under Article 15 of the Rome Statute.”[1] Seemingly, the trip wire for this investigation was an incident where military police dedicated effectively to the ruling party, the Cambodian People’s Party (CPP), shot dead five civilians, injured more and imprisoned demonstrating garment factory workers on 3 January 2014.[2] The investigation is expected to go well beyond this incident, since the CNRP is alleging that the CPP security forces “commit illegal violent acts as part of a widespread or systematic attack against the civilian population” amounting to crimes against humanity.^[3] On the same day, the international lawyer chosen to spearhead the investigation was quoted saying that the underlying criminal acts are “likely to include murder, arbitrary imprisonment, forced transfer and persecution on political grounds,” with the likelihood of there being “tens or even hundreds of thousands of victims.”^[4]

Continue reading “Just How Relevant is the ICC – Part V”

Just How Relevant is the ICC – Part IV

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c. The M.V. Mavi Marmara Incident

To add a bit more fuel to debate, I moved on to the ICC preliminary inquiry into the Israeli raid on the Gaza bound flotilla—the M.V. Mavi Marmara incident. On 31 May 2010, the Free Gaza Flotilla, carrying humanitarian aid and more than 600 pro-Palestinian activists, attempted to break Israel’s naval blockade.[1] Israeli commandos boarded (or, as some put it, assaulted) one of the vessels, the M.V. Mavi Marmara, resulting in nine deaths.[2] According to the referral filed by the Union of the Comoros, some 600 passengers were also victimized by the conduct of Israeli Defence Forces (IDF), in violation of international humanitarian law, human rights law and international criminal law.^[3]

Continue reading “Just How Relevant is the ICC – Part IV”

Just How Relevant is the ICC – Part III

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III. VIGNETTES AND DISCUSSION

Now it was time to go through some examples—vignettes as I like to call them—and see just how relevant the ICC may be. As noted, the ICC is meant to be a court of last resort for victims to seek justice beyond the reach of obstruction by the political authorities generally complicit to the crimes being alleged and who by virtue of their power and authority, control the national courts and thus the outcomes. The ICC is expected to step into the breach where national courts are unable or unwilling to prosecute crimes of a universal nature: war crimes, crimes against humanity, genocide. I had hoped that the vignettes would lead to questions, comments and reflection on whether in its twelve year history the ICC has met expectations; whether it was rendering justice, or whether has it had the makings of a political tool?

To get the discussion going, I thought I would start with a few complaints or requests for investigation to the ICC Prosecutor to show the various reasons certain actors were trying use the ICC to advance seemingly political agenda – not exactly why the ICC was set up – and why certain non-signatories may have legitimate concerns for not signing on to the Rome Statue. Continue reading “Just How Relevant is the ICC – Part III”

Just How Relevant is the ICC – Part II

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The discussion then turned to the legacy of the Nuremberg and Tokyo trials. It seemed that the global community had come to the realization of the need for permanent mechanisms and modalities in dealing with mass atrocities resulting from human rights and humanitarian violations in peacetime or in war, during internal armed conflicts or international armed conflicts. For decades there were discussions and position papers on the need to establish a permanent international criminal court, and of course on what law and procedure it would apply. This was a rather Herculean task when considering that a general consensus needed to be reached by the drafters who were jurists, academics and diplomats from all over the globe, from different legal traditions, with different agendas—all while the Cold War was being waged psychologically and by proxy—with no end in sight.

Continue reading “Just How Relevant is the ICC – Part II”