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Mark Kersten

Dec 5 • 3 tweets • 2 min read

Prosecutor of the #ICC Karim Khan announces he plans to visit Palestine and Afghanistan in the next year.

Can’t overstate how remarkable that would be.

#ASP21

Just to be clear, Prosecutor spoke of places he had visited and said God willing he would visit Palestine, Afghanistan as well as the Democratic Republic of Congo in the next year. #ASP21

Prosecutor smartly says he cannot guarantee that he will meet victims in Afghanistan if he visits in coming months, so as not to put them in danger.

Important: any visit has to push the justice ball forward, not put anyone at risk. #ASP21

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Mark Kersten

@MarkKersten

Dec 6

Event on domestic investigations and prosecutions of international crimes in Ukraine, by Ukraine, featuring Ukrainians. #ASP21 🇺🇦

Sharp, smart line: “as a country at war, Ukraine doesn’t need the international community to tell us what international standards are, we need them to help us meet those standards.” #ASP21

Really interesting point by Thierry Cruvellier that the history of the war in Ukraine is being written in local courts where war crimes are being prosecuted.

Read 4 tweets

Mark Kersten

@MarkKersten

Dec 6

Event on crime of aggression in 🇺🇦.

Liechtenstein’s Christian Wenaweser: it’s time to bring the jurisdiction of the crime in line w the other three core crimes under the Rome Statute.

Me: Would love to see those that neutered the crime - incl Canada - take the lead. #ASP21

Wenaweser says the UNGA is the avenue to choose to create a special tribunal on the crime of aggression for Ukraine, to circumvent issue of 🇷🇺 (and 🇧🇾) immunities. #ASP21

Jennifer Trahan of Global Institute for the Prevention of Aggression: tribunal should not be hybrid but made via UNGA as an international court w non-Ukrainian judges, would look back to 2014 w no forward temporal limitations on jurisdiction, & would be based in The Hague. #ASP21

Read 4 tweets

Mark Kersten

@MarkKersten

Mar 5

I was recently asked about the possible effects of the #ICC's intervention on resolving the conflict in Ukraine and de-escalating violence.

So, a few thoughts 🧵👇

First, the #ICC's investigation won't solve the war or likely even do much for peace.

Peace isn't on the table and the effects of the Court are often much more modest than people imagine.

Any suggestion otherwise is wrong and unnecessary for support of the Court.

The ICC's effects on belligerents depends on how they view the Court.

Putin's well aware that the ICC likely has him in its cross-hairs, if not for what is happening now, then for Crimea and Georgia. There's no reason to believe he cares. He has stayed silent on the subject.

Read 13 tweets

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