Month: October 2018

The problematic formulation of persecution under the Draft Convention on crimes against humanity

Amnesty International recommends the International Law Commission to remove the expression ‘in connection with any act referred to in this paragraph or in connection with the crime of genocide or war crimes’ from Draft article 3(1)(h), and codify the formulation of the crime of persecution as provided by customary international law – as an entirely independent crime.

ICC advances towards investigating crimes committed against the Rohingya

Legal Adviser Jonathan O’Donohue, with the important contributions of International Criminal Justice Clinic students Andy Kuoch and Stuart Dixon, examines the majority of the Pre-Trial Chamber’s ruling on jurisdiction, considers the Prosecutor’s decision to proceed with the preliminary examination and emphasises the need for further international justice efforts to address impunity in Myanmar.

Remoteness in itself cannot serve as a defence to command responsibility

In this fifth opinion piece reviewing the Bemba Appeal Judgment, Amnesty’s International Justice Team consider concerns that, following the decision, “remote commanders” may be able to evade criminal responsibility at the ICC in future cases. It argues that, although remoteness can be a relevant factor in applying the elements of Article 28, any conclusion that remote commanders should be held to a different standard is unsupported by the Statute.