ICC Appeals Chamber

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Vladimir Putin speaks on screen in front of an audience at the BRICs summit.

There is No Immunity for the International Criminal Court to Respect

The International Criminal Court (ICC)’s caselaw on immunity is entirely consistent with international law.
(From L) Judge Marc Perrin de Brichambaut of France, Presiding judge Cuno Tarfusser of Italy and judge Chang-ho Chung of Korea run the International Criminal Court (ICC) in The Hague, on July 6, 2017.

Time to Revisit the ICC’s Position on Head-of-State Immunity?

With major powers increasingly skeptical of international institutions, strengthening the Court's legal coherence is necessary for preserving its legitimacy
A sign with a dark blue background and white letters that reads "International Criminal Court" is seen with the building in the background.

The ICC’s Use of Evidence Obtained by Torture Sets a Dangerous Precedent

The Court’s recent conviction of Al Hassan undermines the connective tissue binding criminal law to human rights standards.
International Criminal Court Prosecutor Karim Khan listens to the President of the Special Peace Jurisdiction Eduardo Cifuentes during a press conference in Bogota, October 27, 2021.

Uncertain Future for the ICC’s Investigation into the CIA Torture Program

The ICC Office of the Prosecutor has "deprioritized" investigation of CIA torture in Afghanistan. But Julian Elderfield, a former attorney in the OTP, says the stated reasons for…
Prosecutor of the International Criminal Court (ICC) Karim Asad Ahmad Khan holds a press conference at the Ministry of Justice in the Sudanese capital Khartoum on August 12, 2021.

The International Criminal Court and Afghanistan

Here's how the ICC can advance justice in Afghanistan despite the Taliban takeover.
Exterior View of the International Criminal Court building in The Hague.

Part III: What Kinds of Situations and Cases Should the ICC Pursue? The Independent Expert Review of the ICC and the Question of Aperture

The third and final part of this series examines two additional factors that have widened the ICC's aperture, cautions that narrowing the Court's aperture may not always be desirable,…
Exterior View of the International Criminal Court building in The Hague.

Part II: What Kinds of Situations and Cases Should the ICC Pursue? The Independent Expert Review of the ICC and the Question of Aperture

What does it mean in practice for the ICC to be a court of last resort? How should the Office of the Prosecutor assess whether there have been genuine national efforts at accountability,…
Exterior View of the International Criminal Court building in The Hague.

Part I: What Kinds of Situations and Cases Should the ICC Pursue? The Independent Expert Review of the ICC and the Question of Aperture

This is the first of a three-part series regarding the ICC’s Independent Expert Review, the crossroads at which the ICC finds itself, and issues that lie ahead for the Court
The ICC seal on a window at the International Criminal Court Building in The Hague. The windows act as mirrors, reflecting more of the ICC complex across from it.

Can the International Criminal Court Hold the Trump Administration in Contempt?

On June 11, President Donald Trump issued an executive order authorizing the imposition of sanctions targeting International Criminal Court officials. This article assesses the…
Pompeo

Pompeo’s Personal Stake in the International Criminal Court’s Afghan Investigation

It is no secret that the Trump administration, in general, and Secretary of State Mike Pompeo, specifically, are hostile toward the International Criminal Court (ICC), particularly…
Appeals Chamber of the International Criminal Court (ICC) hearing to receive oral arguments in the appeals of victims and of the Prosecutor against Pre-Trial Chamber II's "Decision Pursuant to Article 15 of the Rome Statute on the Authorisation of an Investigation into the Situation in the Islamic Republic of Afghanistan". The Appeals Chamber in this appeal is composed of Judge Piotr Hofmański, Presiding judge, Judge Howard Morrison, Judge Luz del Carmen Ibáñez Carranza, Judge Solomy Balungi Bossa and Judge Kimberly Prost. December 4, 2019

The “Interests of Justice” at the ICC: A Continuing Mystery

David Luban explains how the ICC Appeals Chamber missed an opportunity to clarify what "interests of justice" the Prosecutor must consider in authorizing an investigation in the…
Exterior View of new International Criminal Court building in The Hague on July 30, 2016.

ICC Holds Historic Hearing on U.S. Torture and Other Grave Crimes in Afghanistan

While “high crimes and misdemeanors” dominated the news cycle in Washington this month, the focus in The Hague was on grave crimes and mistreatment. Just days before the International…
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