Row 30658

Row ID: 30658 | Dataset Entry | Axioma AXP Content Repository

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How does complementarity factor in the ICC arrest warrant prosecutor is asking for right now? I'm trying to better understand articles 17-19 of Rome Statute.

Based on article 17 of the Rome Statute, Israel, not the ICC, should be investigating and prosecuting the case *unless* they are unable or unwilling to do that.

Now, prosecutor has certainly made that claim in his application, but article 19 allows the court to decide on admissibility on its own motion as well as enable state to challenge admissibility. That challenge would delay the arrest warrant until the admissibility is decided by the pre-trial chamber.

So what exactly prevents Israel from claiming they are actually investigating those same people for the same conduct but need more time to complete the investigation, thereby delaying the whole process by several months until the alleged investigation is done? Does the court at this point have enough grounds to quickly rule that delays in the process already indicate unwillingness to investigate?

Also, article 18 says that state can defer an *investigation* by 6 months after prosecutor initiates said investigation, unless Pre-Trial chamber decides otherwise. After those six months expire, would the state need to justify another deferral before the Pre-Trial Chamber or would the prosecutor need to obtain authorization to investigate from the Pre-Trial Chamber?

FieldValue
text How does complementarity factor in the ICC arrest warrant prosecutor is asking for right now? I'm trying to better understand articles 17-19 of Rome Statute. Based on article 17 of the Rome Statute, Israel, not the ICC, should be investigating and prosecuting the case *unless* they are unable or unwilling to do that. Now, prosecutor has certainly made that claim in his application, but article 19 allows the court to decide on admissibility on its own motion as well as enable state to challenge…
label r/internationallaw
dataType post
communityName r/internationallaw
datetime 2024-05-21
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Raw Record

{
  "text": "How does complementarity factor in the ICC arrest warrant prosecutor is asking for right now? I'm trying to better understand articles 17-19 of Rome Statute.\n\nBased on article 17 of the Rome Statute, Israel, not the ICC, should be investigating and prosecuting the case *unless* they are unable or unwilling to do that.\n\nNow, prosecutor has certainly made that claim in his application, but article 19 allows the court to decide on admissibility on its own motion as well as enable state to challenge admissibility. That challenge would delay the arrest warrant until the admissibility is decided by the pre-trial chamber.\n\nSo what exactly prevents Israel from claiming they are actually investigating those same people for the same conduct but need more time to complete the investigation, thereby delaying the whole process by several months until the alleged investigation is done? Does the court at this point have enough grounds to quickly rule that delays in the process already indicate unwillingness to investigate?\n\nAlso, article 18 says that state can defer an *investigation* by 6 months after prosecutor initiates said investigation, unless Pre-Trial chamber decides otherwise. After those six months expire, would the state need to justify another deferral before the Pre-Trial Chamber or would the prosecutor need to obtain authorization to investigate from the Pre-Trial Chamber?",
  "label": "r/internationallaw",
  "dataType": "post",
  "communityName": "r/internationallaw",
  "datetime": "2024-05-21",
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}
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