The ICC’s Problematic Jurisdiction over Foreign IS Fighters

[cross-posted at Jurist: Academic Commentary] By Elinor Fry – In an interview with the Süddeutsche Zeitung published on November 20, the Chief Prosecutor of the ICC, Fatou Bensouda, said her office is considering the possibility of investigating acts that could be qualified as war crimes or crimes against humanity committed by the Islamic State (IS) fighters. Bensouda’s…

Interpreting “for the purpose of facilitating” in Article 25(3)(c)?

[cross-posted at http://jamesgstewart.com/] By Elies van Sliedregt and Alexandra Popova – The starting point in this discussion was whether the reference to “purpose” in Article 25(3)(c) requires a volitional commitment to the criminal outcome (to the consummated offence). This translated to the question: does the aider/abettor need to share the principal’s intent, or might something…

The Victims’ Court and the Promise of Restorative Justice

[cross-posted at www.postconflictjustice.com] By Sergey Vasiliev – Pernicious fallacy of the ICC’s ‘restorative mandate’ The ICC’s legal framework is progressive in that it offers victims a ‘full menu’ of entitlements previously unseen in international criminal justice, including participation, legal representation, reparations, protection, and assistance. The ICC is proudly positioned as the ‘victims’ court’ by its…