United Nations Security Council (UNSC)

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On genocide: Just saying “no more” is not enough

Saturday, January 20, 2018 - 08:37

By Justice Hub

Chaim Litewski’s parents experienced the horrors of Nazi concentration camps during World War II. Because of this, as Litewski told a packed audience at a recent HAGUE TALKS, his parents always had a healthy suspicion of “government, politicians and diplomats.”

“They really thought the world had failed them which it did,” said Litewski.

Fast forward to the 1990s and Litewski is working with the United Nations (UN...

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Anonymous
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MH17 - does the Russian veto matter?

Will Russia veto the creation of an international tribunal to investigate the downing of MH-17
Monday, July 13, 2015 - 10:49

The potential of an MH17 tribunal has been plastered all over the news and social media over the past two weeks. Although it is arguably far-fetched, with the looming threat of a Russian veto at the Security Council, the renewed attention for the issue of accountability is definitely welcome.

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Anonymous
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Q & A: MH17 Tribunal

Wednesday, July 8, 2015 - 14:26

A few days ago, the Malaysian authorities proposed that an international tribunal should be set up to judge whoever was responsible for the Malaysian Airlines MH17 crash in July 2014. What's known and what's unknown

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Anonymous
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ICC candidate judge Ibrahim Aljazy on justice

Dr. Ibrahim Aljazy
Thursday, June 18, 2015 - 13:29

Dr. Ibrahim Aljazy from Jordan is a candidate for judge at the ICC. He is a professor of international law at the University of Jordan. The election will take place as part of a resumed session of the ICC on 24 and 25 June.

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Anonymous
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Dan Plesch: director of the War Crimes Project

Dan Plesch
Thursday, May 28, 2015 - 10:50

Dan Plesch is the director of the War Crimes Project at SOAS University London, where the archives of the little-known United Nations War Crimes Commission (UNWCC) are stored and being examined. The records are of the thousands of national trials held just after the Second World War for international crimes: war crimes, crimes against humanity and the crime of aggression.

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Anonymous
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Putting an ICC investigation on IS

Fatou Bensouda speaking in Kampala
Monday, April 13, 2015 - 12:41

When an email from the International Criminal Court landed in my mailbox containing the names “Bensouda” and “ISIS” I almost jumped out of my chair. The topic of ISIS and the ICC has been plastered over the news for months, with organisations, countries, experts and lawyers calling for the court to take action.

Niklas Jakobsson
Niklas Jakobsson

I'll gladly engage in the discussion and appreciate all points-of-view. These are two very clear statements that I've made in comments one and two relating to you saying I'm making a 'legally unfounded' statement: "I am speculating and providing my own opinion" "This is not something I'm trying to pawn off as "definite legal statement"". Again, I've also made it clear that I'm not attempting to justify this from a legal and academic standpoint. So in that sense your criticism is not criticism, rather an observation of what I'm doing. And nowhere in my comments, nor in the article, have I claimed to make legal statements. So again, I'm not attempting to justify the statement from a legal or academic point of view (because I personally believe that the ICC cannot be viewed only through that lense), rather attempting to discuss the broader issues that the ICC faces (in my opinion).

Wednesday, April 15, 2015 - 12:39
Anonymous
Academic

Thank you for trying to engage in the discussion. However, you are complicating it, and not addressing the substance. Once again, this is the core issue of the argument! Your 'legally unfounded' statement "a UNSC referral or national proceedings will only be possible when the crimes themselves are stopped." You have failed legally and academically to defend it, and you have created your 'own' rules of procedure. My point is, that such groundless statements help to creat fallacies amongst unqualified readers.

Wednesday, April 15, 2015 - 11:30
Niklas Jakobsson
Niklas Jakobsson

I would say that I'm not vague - rather you're drawing conclussions from my writing which are not there, neither explicitly nor implicitly. Unlike the "pertinent legal literature produced by prominent international criminal law professors" I aruge that the ICC has not had a deterrent effect on non-state actors based on empirical research (This is, again, adressing your first clear substantial issue). This is not something I'm trying to pawn off as "definite legal statement", instead it's an observation based on, again, empirical research. On your second point, and on the criticism of involving politics and international relations, I argue that there is a need for a cross-disciplinary approach to international justice because that is how the world works. The ICC does not function in a normative bubble free from pressure, politics or international relations. I do believe that the perception that this is the case amongst legal researchers is one of the reasons why people believe that the ICC has much more power, responsibility and pull than it actually does. So to move your side of the discussion away from a strict legal perspective, I ask you the following questions: - Can you give several concrete examples of when the ICC has had a deterrent effect on non-state actors? (adressing your first substantial issue) - Can you give any examples of the ICC having had a deterring effect in any situation relating to ISIS? - Do you believe the UNSC will refer the situation to the ICC, or the ICC will open a P.E anytime soon, and if yes, on what grounds do you base that argument? (addressing your second substantial issue) Lastly, I have never claimed that any of my comments or thoughts are legal statements in any way, shape or form.

Tuesday, April 14, 2015 - 22:23
Anonymous
Anonymous

Still utterly vague and unclear. You have not addressed the substantial issues I placed in a very clear-cut structure. However, my advice to you is to consult and analyze the pertinent legal literature produced by prominent international criminal law professors concerning the deterrent role of the ICC; which is considered an ultimate objective. Journalists ought to seperate politics and international relations when they try to make 'definite legal statements' the Rome Statute is absolutely clear about the ICC procedural law. Thus, no need to jump into assumptions and make 'unfounded legal statements' which might lead unqualified readers to espouse common fallacies.

Tuesday, April 14, 2015 - 21:06
Niklas Jakobsson
Niklas Jakobsson

I think you mistake my take on what is likely to happen with what I think the ICC should be doing/be able to do (the former being what I have been discussing). I have not spoken about the ICC's ability or inability to handle anything in any way. I am sure that they ICC is more than capable of handeling an investigation. What I am talking about is that they will, most likely, not be given a chance/the support by the UNSC and the international community to do so at this stage (and if they get that support I think that will only come after the conflict has been resolved). Furthermore, I don't see the ICC having any deterrent effect on ISIS for any reason. This is all terrible, unfortunate and, like I said, disgraceful. But unfortunately that doesn't give the ICC jurisdiction, pushes forward a UNSC resolution or ends the heinous crimes being committed by ISIS. So: The ICC can handle this type of situation. The ICC is a useful institution. But unfortunately it's not able to do anything, not to its own fault, at this stage.

Tuesday, April 14, 2015 - 20:39
Anonymous
Anonymous

So what you are telling in the end is that the ICC can only handle after a massacre like in Syria and Irak is over, and all people are murdered.This is really an eye opener to the world. The best thing to do now is to end the ICC as quick as possible, because it is completely useless. I think that the ICC is not amused by your point of view. So , in answer to your question , it is completely useless to open an investigation against IS because they are still busy with killing and fighting, if they are finished in the future we than we can try to open a case against them.

Tuesday, April 14, 2015 - 20:25
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