Recent Posts

The UN Special Rapporteur on extrajudicial, summary or arbitrary executions, Agnes Callamard, released her report into the killing of journalist Jamal Khashoggi last Wednesday. The report traces with careful detail the run up to, and the eventual extrajudicial execution of Jamal Khashoggi in the Saudi Arabian consulate in Turkey, analyzing the available evidence and applicable international law.  The release of the...

Recently, there’s been many a discussion in the Global North on the semiotics of law. What does it mean to say there was a genocide in Canada or that ICE runs concentration camps. In general, these debates follow a similar pattern: specific groups of people are outraged that scholars and experts would use the correct terminology to describe a policy they support, because it sounds...

Featured Announcement SOAS Executive Course in Public International Law The School of Law at SOAS, University of London, is pleased to announce that its Executive Course in Public International Law, 9-13 September 2019, is now open for applications. Taught by some of the leading international lawyers in the UK, the short course is for professionals, but open to anyone interested in international law....

[Nicolás Zambrana-Tévar works for KIMEP University in Kazakhstan.] The “1-O” trial Several Catalan separatist leaders are being tried before the Spanish Supreme Court on charges of embezzlement, rebellion and contempt of court in relation to a failed referendum for independence in Catalonia, on October 1, 2017. In the course of four months, the Spanish Supreme Court has listened to 422 witnesses and has watched almost 200 videos...

[This post appeared in The Interpreter published by the Lowy Institute in Sydney earlier today] On 17 July 2014, Malaysian Airlines flight MH17 was shot down over Ukraine, and 298 people were killed. The majority of the fatalities were Dutch citizens, followed by those of Malaysian and Australian nationality. A Joint Investigative Team (“JIT”) was established with members of five countries to conduct a...

As I have discussed before, in March 2018 the Presidency curiously dissolved the Pre-Trial Chamber (PTC III) that had been dealing with the Afghanistan situation for six months and assigned that situation to a new PTC. Judge Mindua remained part of the new PTC (PTC II), while Judges Chung and Pangalangan were replaced by two newly-elected judges, Akane and Aitala....

Six United Nations Special Rapporteurs released a statement last week, urging the dropping of charges against an American aid worker for aiding migrants in the Arizona desert. A day later, I read an op-ed on the increased criminalization of humanitarian aid in the European context. While this issue seems to be the subject of increased scrutiny lately, there have been multiple...

[Rawan Arraf is an Australian lawyer and founder and director of the Australian Centre for International Justice. This post represents the personal view of the author and does not necessarily reflect the views of the Australian Centre for International Justice. ACIJ is not associated with the litigation mentioned in this post but volunteered to provide research assistance to the plaintiff’s...

Mohamed Helal kicked off the week with a two-part jus ad bellum analysis (here and here) of the United States' possible legal justifications for going to war with Iran, in light of the Trump administration's recent saber-rattling towards the regime. In particular, Mohamed addressed three possibilities: (1) preempting a nuclear Iran, (2) resisting Iranian regional policies and responding to "indirect"...

Call for Papers The Senior Legal Advisor to the UN Special Rapporteur on Counter-terrorism and Human Rights is pleased to announce a call for inputs published by the Special Rapporteur on the promotion and protection of human rights and fundamental freedoms while countering terrorism, Ms. Fionnuala Ní Aoláin. The Special Rapporteur is studying the impact of the proliferation of “soft law” instruments and related standard-setting initiatives and processes in...

As expected, the OTP has asked the Pre-Trial Chamber (PTC) to grant leave to appeal its refusal to authorise the Afghanistan investigation. I'm in Kiev and don't have as much time to write as I'd like, so I just want to offer a few quick thoughts on the OTP's motion, which seeks appeal on three interrelated issues. First, I think it's...