In this post I will discuss the complementarity objections expressed by Germany and some other participants in the ongoing ICC arrest warrant proceedings in the Palestine situation. These objections only refer to the arrest warrant requests of 20 May 2024 concerning Prime Minister Netanyahu and Defence Minister Gallant. I will start with a critique of the lack of transparency regarding the amicus curiae procedure. I will then present some procedural considerations before discussing the actual complementarity issues. After summarizing the German position, I will offer a critical assessment, taking into account other relevant submissions. In a nutshell, while presenting some valuable and interesting arguments which deserve to be carefully weighed by the Pre-Trial Chamber (‘PTC’) I, on a more principled level, the German position is in line with the infamous Staatsräson doctrine representing Germany’s foreign policy towards Israel. There is strong, almost unconditional support, coming close to a primacy of politics over law, which entails interpreting international (criminal) law in a sort of most-favored-nation treatment of Israel. Lack…
War Crimes
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The German reform of war crimes against the environment – A missed opportunity to live up to the principle of legality
On June 6th, the German legislator, the Bundestag, adopted a new law reforming the German international criminal code (CCIAL / Völkerstrafgesetzbuch). The adoption of the reform law (Entwurf eines Gesetzes zur Fortentwicklung des Völkerstrafrechts) was preceded by a number of discussions initially not foreseen when the reform was first introduced in November 2023. The new reform…
Applications for Arrest Warrants in the Situation in Palestine: In Defence of the Legal Process
The recent announcement by the Prosecutor of the International Criminal Court (ICC) seeking arrest warrants for leaders of both Israel and Hamas has sent shockwaves through the region. Unlike last year’s similar action against Russian President Vladimir Putin and Maria Lvova-Belova, which received widespread approval from Western states, the ICC Prosecutor’s application…
Justice for Persons with Disabilities at the Liberia War Crimes Court: Learning from Missed Opportunities at the Special Court for Sierra Leone
On May 2, 2024, Liberian President Joseph Boakai signed an executive order establishing a United Nations-backed war crimes court. This historic achievement is the culmination of years of advocacy, both within Liberia and internationally, to create a forum to investigate and prosecute gross violations of human rights law and humanitarian law that occurred during Liberia’s two civil…
ICC Prosecutor’s application for arrest warrant against Israeli leaders: The war crime of starvation and its contextual element
On 20 May 2024, the ICC Prosecutor requested arrest warrants against leaders of both Hamas and Israel. The key crime charged against the Israeli leaders, Benjamin Netanyahu (Prime Minister) and Yoav Gallant (the Minister of Defence), is the war crime of starvation of civilians as a method of warfare. This crime raises numerous issues, including…