Monthly archive November, 2016

The ICC preliminary examination of the Flotilla situation: An opportunity to contextualise gravity

1. Introduction The ‘Situation on the registered vessels of the Union of the Comoros, the Hellenic Republic and the Kingdom of Cambodia’ (hereinafter ‘Flotilla situation’) is particularly important among the current proceedings before the International Criminal Court (ICC) because it raises crucial issues which will greatly impact the future action of the Court. Despite her...

Factors relevant for the assessment of sufficient gravity in the ICC. Proceedings and the elements of international crimes

1. Introduction The question of the assessment of ‘sufficient gravity’ for the purpose of cases and potential cases before the International Criminal Court (ICC) has been increasingly debated over the last decade.[1] The relevant ICC case law – which this paper will examine briefly – is not explicit as to which elements are relevant for...

Assessing the gravity threshold under the ICC Statute: Criteria and methods in the light of the Gaza Freedom Flotilla Case

Introduced by Emanuele Cimiotta and Chiara Ragni   On 6 November 2015, the Appeals Chamber of the International Criminal Court (ICC), by 3 votes to 2, dismissed the Prosecutor’s appeal against Pre-Trial Chamber I’s ‘Decision on the request of the Union of the Comoros to review the Prosecutor’s decision not to initiate an investigation’ of...