Language：English   Publishing type：Research paper (scientific journal)   Publisher：Walter de Gruyter GmbH  

Abstract

The ICC’s arrest warrants against Netanyahu/Gallant reignited debates over the nature of the Court’s jurisdiction with the focal point called the ‘Oslo Argument’, which contended that the Hague lacked jurisdiction over Israelis because Palestine lacked it under the Oslo Accords. The resulting submissions by amici curiae and parties before the Court, unprecedented in number, constitute a microcosm of contemporary international legal discourse over the ICC’s jurisdiction and therefore warrant close discourse analysis. The analysis offers an internal understanding of the argumentative structure therein and illuminates two systematized discursive regularities. One is the ‘delegation-based approach’, marked by assemblage of reifying and state-centric jurisdictional thinking with atomistic conceptions of the Court and the international order. Another is the ‘non-delegation-based approach’, grounded in a relational and autonomous conception of international jurisdiction with cosmopolitanism. Building on these findings, the concluding section explores possible strategies for lawyers, ranging from either/or choice to interstitial modes of argumentation.

DOI： 10.1163/15718123-bja10277

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Other Link： https://brill.com/downloadpdf/journals/icla/aop/article-10.1163-15718123-bja10277/article-10.1163-15718123-bja10277.xml

Language：English   Publishing type：Research paper (scientific journal)   Publisher：Oxford University Press (OUP)  

Abstract

Though there is an abundance of literature on the relationship between the jurisdiction of the International Criminal Court ('ICC') and the immunities of non-state parties to the ICC Statute, the arrest process under Part 9 of the ICC Statute has not yet been addressed from the perspective of international organizations law. Yet, the ICC is certainly an international organization, and its arrest process is comparable to other organizations’ activities, e.g. the United Nations Security Council’s smart sanctions process. It is therefore argued that a clarification of the legal relationship between the cooperating state and the ICC under the general law of international organization would be a logical premise for further discussion of the relationship between the ICC’s jurisdiction and the immunities of non-state parties to the ICC Statute. The importance of this kind of analysis has become apparent as a consequence of the employment of the Surrogation of Jurisdiction theory by the Appeals Chamber of the ICC in its Al Bashir judgment. This theory formed an essential part of the judgment. An assessment of this theory from the perspective of the law of international organizations shows both the potential and the limitation of the theory. It will, thus, give us a more comprehensive understanding of the theory’s legal implications in the context of the enforcement of ICC arrest warrants against organs of non-state parties to the Statute who enjoy immunity under customary international law.

DOI： 10.1093/jicj/mqab063

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Language：English   Publishing type：Rapid communication, short report, research note, etc. (scientific journal)  

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Language：English   Publishing type：Article, review, commentary, editorial, etc. (scientific journal)  

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Language：English   Publishing type：Article, review, commentary, editorial, etc. (scientific journal)  

File： ejiltalk.org-The ICCs Turn to Cynical Solipsism The PTC IIs Finding of Mongolias Non-compliance in the Case agains-2.pdf

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Event date： 2025.4.21 - 2025.4.22

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Event date： 2024.6.10 - 2024.6.14

Language：English   Presentation type：Oral presentation (general)  

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Event date： 2020.12.8

Language：Japanese   Presentation type：Oral presentation (general)  

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Language：Japanese   Presentation type：Oral presentation (general)  

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Type：Seminar, workshop

File： Joint Webinar ICC-Ewha,SNU,Doshisha,Kyoto University(27 Oct 2023).pdf

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