Category Archives: Article 16

Policy Paper Alert: “Building Bridges and Reaching Compromise: Constructive Engagement in the Africa-ICC Relationship”

Posted on May 16, 2018 by Mark Kersten

Dear JiC readers, I am thrilled to announce the publication of a policy paper entitled “Building Bridges and Reaching Compromise — Constructive Engagement in the Africa-ICC Relationship” that I have authored with contributions from colleagues at the Wayamo Foundation, where I … Continue reading

On the Table: Trading Justice for Peace in Palestine

In the wake of this week’s elections in Israel, Palestinian officials have exclaimed their intention to “intensify” their diplomatic campaign against Israel and bring forward charges against Israeli officials to the International Criminal Court (ICC). Could Palestine’s decision to pursue … Continue reading

Kenya and the ICC: Coming to a Head?

Starting this week, member-states of the International Criminal Court (ICC) will gather in The Hague for the ICC’s yearly Assembly of States Parties (ASP) conference. This meeting of member-states is shaping up to be one of the most contentious – … Continue reading

Putting the ICC’s Kenya Cases on Ice

Kenya wants the United Nations Security Council to halt the trials of President Uhuru Kenyatta and Deputy President William Ruto. With the African Union at its side, Kenya has asked the Security Council to temporarily defer ICC prosecutions through the … Continue reading

Trading Justice for Temporary Peace: Not Just a Bad Idea?

If the United Nations Security Council ever refers the situation in Syria to the International Criminal Court, you can be certain that the referral will include a reference to the Security Council’s ability, under Article 16 of the Rome Statute, … Continue reading

ICC to Seek Arrest Warrant for Gaddafi Today: Some Thoughts on What it Means (Updated)

Posted on May 15, 2011 by Mark Kersten

It looks like the remarkably speedy investigation of the ICC Office of the Prosecutor (OTP) will produce its first request for arrest warrants for Libyan officials tomorrow. The Prosecutor of the ICC will be holding a press conference tomorrow, May … Continue reading

Ugandan Holiday? Thoughts on the Offer of Asylum to Gaddafi

Uganda has become the first country to offer asylum, if asked to do so, to Libya’s Gaddafi. This comes at a time when ambiguity proliferates as to what fate the international community sees as necessary for Gaddafi. A few thoughts … Continue reading

Contradictions in Kenya: Kenyan PM Backs the ICC Trial of the Ocampo Six

It appears that Kenyan efforts to defer the ICC prosecutions of the “Ocampo Six” are destined to fail. But it may not only be because of international pressure or lack of consensus in the UN Security Council. Rather, the final … Continue reading

Will Kenya’s Most Wanted Walk the Walk or just Talk the Talk?

On the same day that the ICC summoned six senior Kenyan officials to appear before the Court to face charges linked to post-election violence in 2007/2008, Kenya officially asked the UN Security Council to suspend the ICC investigation under Article … Continue reading

Would Gaddafi Accept a Deferral-for-Peace Deal?

In yesterday’s post, I mentioned that it is generally assumed that perpetrators of human rights violations would accept a deferral-for-peace deal. It isn’t obvious that they necessarily would. The scenario in which Article 16, which allows the UN Security Council … Continue reading