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ICC Complementarity and UK War Crimes in Iraq

by Oui Wed May 22nd, 2024 at 06:05:27 AM EST

Recently posted as a comment ...

Will Khan Offer Israel a Stay Out of Jail Card

Will the threatened ICC prosecutor accept Joe's proposal to drop the case in lieu of a joint judicial investigation by the U.S. and Israel, perhaps a neutral country added such as Palau. 🥵

Gaza Humanitarian Aid Order, Comply Now, Don't Complain Later
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ICC Prosecutor Seeks Arrest Warrants for Netanyahu & Hamas Leaders | Amanpour & Co. |


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ICC Prosecutor Karim Khan on application for arrest warrants in the situation in the State of Palestine

On 20 May 2024, ICC Prosecutor Karim A.A. Khan KC announced that he is filing applications for warrants of arrest before Pre-Trial Chamber I of the International Criminal Court in the Situation in the State of Palestine.

The two principal trial lawyers standing behind me today Brenda J Hollis who, in addition to leading our work in the situation in Ukraine for the past couple of years, has since January also taken over leadership of the Palestine investigation and Andrew C. Cayle King's Council who more recently joined the office and will be leading our work on the situation in the state of Palestine going forward.  

On the basis of evidence collected and examined and analyzed by my office I have reasonable grounds to believe ...

UK barrister to oversee ICC investigation into alleged war crimes in Palestinian territories | The Guardian - 11 May 2024 |

Cayley is well known in The Hague having worked at the ICC in the 2000s and served as a prosecutor and defence counsel in multiple international criminal tribunals.

The barrister recently stepped down as chief of the inspectorate that oversees the work of England and Wales' Crown Prosecution Service.

He was previously the UK's chief military prosecutor. While in this role, Cayley played a key role in a process that resulted in the former ICC prosecutor deciding in 2020 to abandon a long-running investigation into allegations that UK military personnel committed war crimes in Iraq.

Cayley has been open about his support for the UK's ruling Conservative party. He donated £10,000 to the Tories in 2019 and later insisted his status as a "card-carrying member" of the party had no effect on his independence as a prosecutor.

ICC abandons inquiry into alleged British war crimes in Iraq | The Guardian - 9 Dec 2020 |

Prosecutor says, however, there is 'reasonable basis to believe' atrocities may have been committed

The ICC prosecutor Fatou Bensouda said there was a "reasonable basis to believe" that atrocities such as wilful killing, torture, inhuman/cruel treatment and rape may have been committed by the British armed forces. But she concluded there was no proof that UK authorities had blocked any investigations or were unwilling to pursue them.

In a 184-page report, Bensouda's office laid out the findings of its preliminary examination and announced the case would now be closed and no full-scale investigation would be launched.

The ICC's scrutiny began in the years after the 2003 invasion of Iraq. It was dropped and then formally reopened in 2014.

Bensouda said: "Following a detailed inquiry, and despite the concerns expressed in its report, the office [of the prosecutor] could not substantiate allegations that the UK investigative and prosecutorial bodies had engaged in shielding [ie blocking inquiries], based on a careful scrutiny of the information before it."

She said that since 2014, "my office has been rigorously examining allegations of crimes committed by UK nationals in Iraq [and by U.S. Armed Forces in Afghanistan]during the course of the UK's military involvement in Iraq. In particular, [it] has focused on a subset of allegations related to the mistreatment of Iraqi detainees in UK custody.

Negative decision by the ICC Prosecutor is a severe blow to Iraqi torture victims and international justice
War crimes by UK Forces in Iraq | ECCHR - 9 Dec 2020 |

Sometimes the arc of Justice bends just a bit too far for Justice to be done ... sorry MLK.

Complementarity

Iraq war: All but one war crimes claim against British soldiers dropped | BBC News - 2 June 2020 |

British soldiers who have been accused of committing war crimes in Iraq are unlikely to face criminal prosecution.

Independent investigators were asked to look at thousands of allegations made against the British military after the invasion of Iraq in 2003.

But the director of the Service Prosecution Authority (SPA) said just one remaining case was being examined.

Andrew Cayley said the "low level" of offending and lack of credible evidence had led most cases to be dismissed.

Speaking to BBC Radio 4's Law in Action programme, Mr Cayley said most of those cases were sifted out at a very early stage because of the lack of credible evidence or because the offending was "at such a very low level".

Sierre Leone tribunal Charles Taylor, barristers Karim Khan and Andrew Cayley

Liberian president Charles Taylor before Sierra Leone Tribunal in The Hague

Three-Man Team Appointed to Defend Former Liberian President | VOA - 1 Nov 2009 |

A new team has been appointed to defend former Liberian president Charles Taylor. Mr. Taylor fired his original lawyer in the opening days of his trial last month. Selah Hennessy reports from VOA's West Africa bureau in Dakar.

London-based attorney Courtenay Griffiths has been named chief lawyer, along with two assistants, Andrew Cayley and Terry Munyard.

Vincent Nmehielle is the principal defender for the Special Court of Sierra Leone. He says Mr. Taylor has a strong team.

Mr. Taylor fired his court-appointed defense lawyer, Karim Khan, at the beginning of his trial in June. He said the court had not provided him enough money to hire a strong defense team, capable of competing with the nine-member prosecution.

The Special Court for Sierra Leone, which is conducting the trial from The Hague, has since increased his defense funding to $100,000 a month - nearly three times the allowance given to other defense teams in the Special Court.

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Biden condemns Justice for Palestine as he approves Israeli war crimes to subdue Gazans ... doesn't care to uphold universal humanitarian law, prefers to be seen as a loyal supporter of the Zionist Dream of Eretz Yisrael. Politics trumps all ... elections 2024.



'Sapere aude'
by Oui (Oui) on Wed May 22nd, 2024 at 07:21:35 AM EST
Lawless: Washington Celebrates ICC ruling against Russia, Condemns Warrant Request for Israel

It is the first time the ICC has sought warrants against leaders of a parliamentary government. Most of the officials indicted have been from African dictatorial regimes. If the warrants are approved, in a process that may take several months, Netanyahu and Gallant will join a rogues gallery featuring deposed Libyan strongman Moammar Gaddafi, deposed Sudanese dictator Omar al-Bashir, and Russian President Vladimir Putin.

In March, 2023, just a year ago, Secretary of State Antony Blinken asked all countries that are parties to the ICC to detain Vladimir Putin if they could, after the court issued an arrest warrant for him. Russia is not a signatory to the Rome Statute that authorizes the court, but in 2015 Ukraine (also not a signatory) granted jurisdiction to the court over Ukrainian territory. It was for crimes committed in Ukraine that Putin was indicted.

The reaction in Washington to the warrant request for Netanyahu and Gallant has been the opposite. This reaction shows that the Biden administration does not respect international law and does not care that Putin committed crimes under it, but just wants to stick it to Putin. It is personalistic, not a matter of law. Because if the law was at issue, it should apply to everyone, including (especially) Benjamin Netanyahu, the Butcher of Gaza.

Everything Washington officials said in response to the request for warrants was wrong. I mean, incorrect. It isn't a matter of opinion or a difference in values. They are spewing falsehoods. It is as though they have all contracted Trumpitis and now keep compulsively telling serial lies.

President Biden, apparently now the chief defense attorney for Netanyahu, denounced any "equivalence" between Hamas and the Israeli leadership and said that he rejects charges of genocide against it.

Biden's spokespeople questioned whether the ICC has jurisdiction to charge the Israeli leaders.

Secretary of State Antony Blinken condemned the announcement as "outrageous" and said that it threatened the success of negotiations toward a ceasefire and a hostage release. Mr. Blinken did not explain why the ICC request for warrants should should delay a ceasefire. The Biden administration vetoed 3 ceasefire calls at the UN Security Council earlier this year, and abstained on a fourth, which it undercut by falsely damning it as "non-binding."

Speaker of the House of Representatives Mike Johnson said he and his colleagues would look into the possibility of placing sanctions on the ICC judges and their families.



'Sapere aude'
by Oui (Oui) on Wed May 22nd, 2024 at 07:22:36 AM EST
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