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Showing posts from September 14, 2014

#ICC: The demise of State-Referral? (Part II)

Last week we examined in an introduction, the continued withering of the state-referral technique of triggering the ICC jurisdiction, This week we continue by exploring further why states are now not ready to refer themselves to the Court. William Schabas, the criminal law guru, in an edited volume (The International Criminal Court and National Jurisdictions) views the state-referral technique as a 'trap for the court'. He writes: "If a State refers a situation against itself, that is, against its rebels, in the context of a conflict, it is doing so with a result in mind." He argues that for a state like Uganda, the result involved withdrawing the threat of prosecution in exchange of something. As pointed out in the previous posting, state-referrals have been used by governments to deal with dissidents and in the cases of Uganda and CAR, rebels that fought the government. It has also been argued that this mode of referral was also used by governments to pass responsi…