Ashley Waye (@AshleyWaye) header
Ashley Waye (@AshleyWaye) profile picture

International justice and human rights advocate (FIDH), Canadian-qualified lawyer (10+ yrs), Adv. LLM in Public Intl. Law, Mother, Curler. Views are my own.

Toronto, ON
Joined January 2013
Photo by Ashley Waye (@AshleyWaye)Photo by Ashley Waye (@AshleyWaye)Photo by Ashley Waye (@AshleyWaye)Photo by Ashley Waye (@AshleyWaye)Photo by Ashley Waye (@AshleyWaye)Photo by Ashley Waye (@AshleyWaye)Photo by Ashley Waye (@AshleyWaye)Photo by Ashley Waye (@AshleyWaye)Photo by Ashley Waye (@AshleyWaye)
What does it take to investigate and prosecute the world's most serious crimes? Hear from #ICC Deputy Prosecutors and staff about their work and why it matters for victims. 🎥 Watch the full video: youtu.pulse.ly/dniyze0zk3
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Students in Serbia have given the world a blueprint for student/youth resistance to fascim. Congratulations to the courageous students and the voters who supported them! Much needed good news in these hard time! ✊🇷🇸
Serbia's Aleksandar Vucic concedes defeat to a student-led protest movement in a historic election that ends his long grip on power and heralds a new political era in the Balkan country reut.rs/4zNMyDB
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Power to the people of Brazil! Obrigado! 🇧🇷✊🇧🇷
Lula wins. Why that matters so much.
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For the first time, the Canadian government has explicitly defined anti-Zionism as a form of antisemitism. This is an appalling capitulation to pro-Israel actors like CIJA and anti-Palestinian racism. Zionism forms the ideological backbone of Israel's state-sanctioned violence against Palestinians. Our government quietly redefining it as a form of bigoted hate against Jews as a group is both offensive and inaccurate, and it endangers all Canadians' right to freedom of expression. We call for an immediate retraction, acknowledgement of the incredible harm this mischaracterization does to Palestinian and Jewish communities, and a recognition of anti-Zionism as a legitimate political viewpoint grounded in social justice.
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To those who don't believe that the powerful - including presidents - can't end up facing justice at the ICC.
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Ashley Waye retweeted
The UK will stand up for what is right.
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Statement of the #ASP President following the conclusion of disciplinary proceedings involving Prosecutor Karim Khan #ICC
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"The Office remains committed to conducting independent and impartial investigations and prosecutions across all situations under the Court’s jurisdiction to deliver justice for victims of Rome Statute crimes."
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This is categorically untrue. The allegations against #ICC Prosecutor Karim Khan have exactly nothing to do with the credible and independently investigated cases that led to warrants against Netanyahu and Gallant. The evidence of their atrocities speaks for itself.
Tomorrow, ICC member states will vote on whether to remove Chief Prosecutor Karim Khan over allegations of sexual misconduct. Media reports indicate that after learning of the allegations, Mr. Khan bypassed normal procedures and rushed to seek arrest warrants against Israeli leaders to deflect attention from his own vile behaviour. These developments raise serious questions about the credibility of those warrants, which have been used in Canada to influence policy and fuel anti-Israel rhetoric. The longer Mr. Khan remains in position, the greater the damage to the ICC's credibility. The Government of Canada should vote for Mr. Khan's removal and take a hard look at how the ICC is being politicized by bad actors.
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Two things, both false: ❌ The ICC issued or rushed warrants for Netanyahu and Gallant because of sexual harassment allegations faced by the Karim Khan. ❌ The allegations against Khan were an Israeli or American conspiracy to remove him. Please, don’t spread misinformation.
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Ashley Waye retweeted
The ICC's work on Palestine does not depend on any single office holder. This is a crucial pt & the media conflation between Khan personally, & justice in Gaza must be disentangled. Please read the petition & sign if you agree: 4genderjustice.org/feminist-…
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"#DARVO is a powerful form of manipulation and a clear example of rape culture in action. It silences survivors, protects those in positions of power, and upholds a system where accountability is routinely avoided." Deny Attack Reverse Victim & Offender glamour.com/story/what-is-da…
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1/The Prosecutor's Art 46(4) right to present evidence & make submissions is exercised "in accordance with the RPE"—and the Rules locate it at the Bureau, not the ASP. Once discharged there, he "shall not otherwise participate." The Assembly votes on the record.
Like it or not, the Prosecutor (or any other elected official facing removal) has a right to address the ASP and mount a defence. This is a very basic due process right and in RS Art 46(4). This defence can take several forms but it’s not optional ⤵️
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Before anyone objects that he must be heard by the ASP: he doesn't get to be. Art 46(4) gives the full opportunity to present evidence & make submissions — then says he "shall not otherwise participate in the consideration of the matter." The Bureau stage was for submissions.
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5/ What follows contains no Rule 27 hook at all. Rule 81(2) merely transmits the record to the Assembly; 81(3) has the Assembly decide on removal. Neither re-runs the process. The right isn't re-triggered at the ASP: the Assembly votes on the record it's handed.
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4/ Avenue 2: Rule 82(2): the Bureau can still recommend removal in disagreement with the panel, under 82(2)(c). Same command as under 81: the Bureau gathers information "in accordance with Rule 27" before it recommends. That is where the submissions right is exercised.
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3/ The ASP Rules supply that answer. There are two routes to the Bureau recommending removal. Avenue 1: Rule 81(1): available only if the ad hoc panel advises that the findings amount to serious misconduct. That never happened here — the panel found none. So 81(1) was closed.
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