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Barrie Sander
@Barrie_Sander
, 20 tweets, 13 min read Read on Twitter
Emerging narratives in the lead up to and aftermath of today's #ICC majority decision to grant the defence's "no case to answer" motion to acquit #Gbagbo & #BleGoudé 👇
(1). Doubt Cast Over Prosecutor's Investigative Strategy: The ICC Prosecutor needs to reflect critically and seriously reconsider its investigative strategy (@sevslv)
(2). Judicial Integrity: The decision demonstrates the Court's integrity to grant no case to answer motions, making it harder to depict it as a biased weapon of neo-colonial justice (@BBCNews) bbc.com/news/amp/world…
(3). Challenge of Prosecuting State Officials: The decision casts doubt on the ICC Prosecutor's ability & may chill future willingness to prosecute not only incumbent State officials, but also former State officials (@philclark79 & @MarkKersten)
(4). Global vs. Local Justice: The decision reveals distance between ICC and local contexts, exposing "clash of paradigms" between Int'l crim. justice frames (org. policy, common plan) and local conflict narratives (@GeoffreyLugano)
(5). Victims: Regardless of the decision, the victims of the violence in Cote d'Ivoire deserve the chance to see alleged perpetrators from all factions prosecuted tried in national or international courts (@jwormington)
(6). Non State Parties: The decision may give fuel to non State Parties to the Rome Statute that these type of cases should be left to individual nation states rather than have the international community involved & concerned (@janethanderson) bbc.com/news/amp/world…
(7). Don't forget about the Defence (@dovjacobs)
(8). Case Record of the ICC Prosecutor: The OTP now has more acquittals and terminations than convictions (@kevinjonheller)
(9). Domestic Political Implications:

How will local actors frame the Court's decision? (@soph_rosenberg)

Will Gbagbo return to domestic politics? (@MarkKersten)
(10). ICC Definition of Crimes Against Humanity: How organised must an "organisation" be? How formal must a "policy" be? (@BatrosBen)
11. The significance of acquittals by the ICC (Richard Goldstone @ejiltalk)
ejiltalk.org/acquittals-by-…
12. The ICC's 'Evidence Problem': Is the ICC little more than a tribunal for non-state actors? Is the OTP policy of investigating a handful of cases per situation appropriate? By what standards should we judge the OTP’s performance? (@pilabuda @AjVBlog) voelkerrechtsblog.org/the-iccs-evide…
13. The Gbagbo Case and the Role of France (@MortenBergsmo) legal-tools.org/doc/693bee/
14. No Case To Answer Standard of Proof (@BradfieldPaul) opiniojuris.org/2019/01/20/no-…
15. Two follow-up posts + 1 video:

@BatrosBen on Gbagbo & Crimes Against Humanity
justsecurity.org/62295/icc-acqu…

@MarkKersten's general thoughts on the Gbagbo acquittal
justiceinconflict.org/2019/01/18/som…

Mark also appeared on this @AlJazeera
discussion of the case & ICC
16. More on No Case To Answer Standard of Proof (@kevinjonheller) opiniojuris.org/2019/01/21/did…
17. Three reflections on ICC acquittal of Gbagbo & Blé Goudé on The Conversation:

--> @DrYvo1 on evidence
theconversation.com/amp/gbagbos-ac…

--> @kerstincarlson on dysfunction
theconversation.com/gbagbos-acquit…

--> @reparationsni on victims
theconversation.com/why-gbagbo-acq…
18. Gbagbo, An Aquittal Foretold by @thijsbouwknegt justiceinfo.net/en/tribunals/i…
19. Too Soon: Are many of these narratives premature?
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