Courtside Justice

Courtside Justice is a bi-monthly column by Mark Kersten, the creator of Justice in Conflict. It delves into the politics and dilemmas of international justice.

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Three proposals to keep South Africa in the International Criminal Court

Jacob Zuma
Thursday, November 24, 2016 - 12:37

The clock is ticking. In just about eleven and a half months, South Africa is set to officially withdraw from the International Criminal Court (ICC). Here at the Assembly of States Parties (ASP), though, the overall feeling is optimistic.

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Peter Sabiiti

I don't find a point in the article. Where are the three reasons??? Africa because of selective application of the ICC's version of Justice. Let it first issue a warrant of arrest against Blair and Bush, that's when we shall know that it can bite.

Sunday, November 27, 2016 - 10:50
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Five Thoughts on South Africa, Burundi, and ICC Withdrawals

President Omar al-Bashir and President Jacob Zuma
Tuesday, October 25, 2016 - 15:45

Contrary to the suggestion of some, the dust on South Africa’s and Burundi’s withdrawal from the International Criminal Court (ICC) has not settled. It won't for some time. These two withdrawals have sparked an intense debate on the future of the ICC. Many observers have already provided cogent commentary since South Africa deposited its notice of withdrawal to the United Nations Secretary General. In this post, I want to offer and add a few thoughts on what South Africa’s and Burundi’s decisions mean.

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B.A. Wabala

While it's right for Africa to push for reform in the World's Court tht seems to be stuck in the post world war 2 , it's important also to view the consequences of the withdrawal to the African people, whose rights have been violated and yet to be gravely violated. It's undoubtedly true that Both the ICC prosecution's office as well as The Security Council are biased, precisely failing to act on Syria situation. It's clear to everyone that there are bullies. The untouchable... but then let us evaluate the situation here at home. There are serious problems. We cannot deny that and the existence of a problem elsewhere doesn't mean we have none here at home. The reasons that made African countries sign for the Rome Statute haven't changed. It's only that African leaders want to prepare a platform to perpetrate illegality with impunity. After all that's what is reigning supreme in Africa. Sudan, Ivory Cost, South Sudan you name it... For the sake of the victims. And from there perspective eyes... let's not move out.

Saturday, October 29, 2016 - 10:21
Anonymous
Lury Nkouessom

I am not a fan of the ICC and international justice in general. The double standard is so obvious in those. The concept of international justice in itself is laudavke but in practuce it's selectiveness defeats its promise. Powrful countries such as the US and India are not members of the ICC, yet we have seen the US calling on people to be prosecuted by the Court. The court has been unable to bring western countries to book for their international crimes. That is in and of itself a stain on its legacy thus far. Some people argue that the ICC does not specifically target African countries but instead those African countries are the ones inviting the court's investigatikn and prosecution. While this is true in principle, in practice though, those african countries inviting the court do so more often to gain political clout over their opponents. It is the justice of the victors. This us what happened in the Ivory Coast for example. None of president Ouattara political allies were targetted by the ICC although clearly atrocities were committed on both sides. African countries who remain in the ICC only do so because eventually they will need the ICC as a political tool to pressure and witch-hunt their political opponents. I think it is about time all African countries withdraw from that court until some serious reforms are carried out.

Thursday, October 27, 2016 - 10:19
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Burundi’s Awkward — and Mostly Pointless — Farewell to the ICC

Courtside Justice with Mark Kersten
Saturday, October 15, 2016 - 10:31

A government led by a President accused of mass human rights violations and crimes against humanity is seeking to end its relationship with the International Criminal Court (ICC). His plan, however is likely to backfire. Nkurunziza and his henchmen cannot escape ICC justice, even if they do withdraw.

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Mutiibwa hakim Saturday, October 22, 2016 - 18:36
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Peter Sabiiti

While impunity, human rights violations and crimes against humanity must never be condoned, the ICC must dispense justice and be seen to dispense it all over the world without fear or favour. NATO bombs Libya and destroy it, USA destroys Iraq and its people, Israel kills anyone they wish to kill in Palestine and elsewhere but the ICC looks on!! There's no human life that's more important than the other. How I wish all Africans could refuse to cooperate with that biased and ill-intentioned kangaroo court.

Thursday, October 20, 2016 - 18:14
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The International Criminal Court’s turn to the symbolic

Courtside Justice with Mark Kersten
Tuesday, October 4, 2016 - 14:34

You don’t have to be a critic of the International Criminal Court (ICC) to accept that its first fifteen years have been rough. The institution’s ability to deliver on its mandate of ending impunity for war crimes, crimes against humanity and genocide hasn’t gone according to plan. Not even close. Now, it seems, the Court is trying a different tack.

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There is no system of international justice against Africa because there is no system of international justice

Courtside Justice with Mark Kersten
Wednesday, July 27, 2016 - 12:25

Following the twenty-seventh African Union summit, it seems brighter days may lie ahead for the tumultuous relationship between African states and the International Criminal Court (ICC). In the wake of the summit, which took place earlier this month in Kigali, Rwanda, numerous reports suggested that African states stood up in support of the ICC and actively prevented the issue of a mass, Africa-wide withdrawal from the ICC landing on the official agenda of the gathered African heads of state.

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Send Tony Blair to The Hague?

Courtside Justice with Mark Kersten
Wednesday, May 25, 2016 - 12:14

There are those who dream of the day when former British prime minister Tony Blair faces a panel of judges and answers to allegations that he was responsible for war crimes in Iraq. Blair and his former ‘partner in crime’ (no pun intended), former U.S. president George W. Bush, are also the poster boys for the unevenness of international justice. Go to a conference on the ICC and you’ll invariably hear the question: “What about Bush and Blair? Why are they not at the Court?”

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Spies at the International Criminal Court?

Courtside Justice with Mark Kersten
Thursday, February 4, 2016 - 09:31

Is international criminal justice worth spying on? Do states invest in penetrating the halls of international criminal tribunals with their intelligence officers?

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Dr. Jonathan Levy

Ever notice that Bensouda targets countries who oppose the Daesh and their affiliates: Russia, Sudan, Kenya...

Thursday, February 4, 2016 - 15:26
Anonymous
BD

There's one incident we know about. Germany has spied on the ICC until October 2013. I've posted a brief explanation on ICCobserver: http://en.iccobserver.com/2016/02/do-states-spy-on-the-icc-yes-they-do/

Thursday, February 4, 2016 - 14:39
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The Case for a Permanent Hybrid Tribunal for Mass Atrocities

Courtside Justice with Mark Kersten
Thursday, January 7, 2016 - 12:06

There is no point denying it. The current global production of mass atrocities far outnumbers the tools and institutions able to respond to them. There is a far greater demand for, than supply of, international justice.

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Kenya gambled and lost at the ICC’s yearly conference - but it’s not game over yet

Courtside Justice with Mark Kersten
Thursday, December 3, 2015 - 07:34

The African Group for Justice and Accountability (AGJA) had just been launched at one of the dozens of Assembly of States Parties (ASP) side events. There were a few minutes left and so, as the moderator of the event, I opened the session up for a public Q & A. A man seated near the front of the packed room introduced himself as the senate leader from Kenya and asked the panelists to discuss the International Criminal Court’s alleged double standards towards African states.

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Anonymous

go to hell Mark Kersten &co. with ICC analysis . Raila and Kibaki bears greatest Responsibility, not Ruto

Thursday, December 3, 2015 - 18:49
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Ekuru Aukot

My country has always acted foolishly over the ICC as if 1300 innocent Kenyans were not murdered as well as over 500,000 were displaced as refugees and IDPs. Our current leadership is shameful and shameless. Amb. Amina has perfected the art of being an errand girl that a diplomat.

Thursday, December 3, 2015 - 16:13
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The ICC’s latest bombshell report - no longer picking on Africa

Courtside Justice with Mark Kersten
Thursday, November 19, 2015 - 08:54

This year’s Report on Preliminary Examination Activities from the International Criminal Court (ICC) carried within it a number of fascinating - and crucial - details into who and what is falling under the ICC’s microscope. Below are five important takeaways that demonstrate and increasingly emboldened, provocative and courageous institution, not to mention one that really doesn’t look like it’s unfairly picking on Africa.

Anonymous
George Juma Fro...

i would like to tell the ICC that kenyan politician only love themselves not the victims because upto now they want the case against Ruto and Sang be terminated but victims are still crying in different places for example I am coming from Nyanza region, where many people who lost their husbands and wives and children and properties in Naivasha including land and businesses they only came back with their husbands heads only to bury again i would like to tell bensoudas office that all victims in nyanza none has been even counseled or rewarded and i think 2017 if she leaves those people there might be another worse than 2007 because as we talk there is tooooo much ethnicity in kenya from as 5year old kid to 80year old man

Friday, November 20, 2015 - 09:03
Anonymous
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