Category Archives: Treaty development/ standard setting

Amnesty International

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.

Bemba fair trials ICC Appeals Chamber that on 8 June acquitted Mr Bemba from charges of war crimes and crimes against humanity

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.

Bemba fair trials ICC Appeals Chamber that on 8 June acquitted Mr Bemba from charges of war crimes and crimes against humanity

Making Sense of Command Responsibility 

In this fourth opinion piece on the Bemba Appeals Judgment , Amnesty’s International Justice Team considers the majority’s controversial findings on command responsibility in the context of the Trial Chamber’s problematic application of Article 28.