North America

The Gambia initiated legal proceedings in the United States a few months ago against Facebook, in order to compel the company to hand over information related to its ongoing case against Myanmar, relating to the Rohingya, before the International Court of Justice.  This legal strategy is in accordance with a provision of U.S. law - §1782 of the U.S. Code, a federal statute which permits the compelling of testimony,...

A couple of days ago, Iran issued an arrest warrant for Donald Trump, alleging that he is responsible for murder and terrorism in connection with the drone strike that killed General Qassem Soleimani last January. Practical problems aside -- Interpol has already refused to issue a Red Notice for Trump's arrest -- there is an important legal barrier to prosecuting Trump:...

Along with 187 other American lawyers and legal scholars, I have signed a statement condemning the Trump administration's Executive Order permitting the US to sanction individuals involved with the ICC's investigation into the situation in Afghanistan. It's quite a list of signatories, including three former US war-crimes ambassadors and a number of former judges and prosecutors at various international criminal...

[Jennifer Trahan is Clinical Professor, NYU Center for Global Affairs and Megan Fairlie is Professor of Law, Florida International University College of Law.] On June 11, Donald Trump issued an Executive Order that exponentially intensifies the United States’ ongoing attack on the International Criminal Court (ICC) and its staff.  Disturbingly, the Order also targets foreign nationals and, seemingly, US nationals.  Regrettably (although predictably), the US is again using...

[Yusra Suedi is a PhD Candidate in Public International Law at the University of Geneva, where she teaches a course on United Nations diplomacy. Twitter: @Yusra_Suedi.] The killing of George Floyd, a 46-year-old African American man, on 25 May 2020 in Minneapolis by the police while in custody, has triggered solidarity protests all over the world. While protesting, electing different leaders, and national measures...

[Jennifer Trahan is Clinical Professor, NYU Center for Global Affairs and Megan Fairlie is Professor of Law, Florida International University College of Law.] This past week, certain members of the US House and Senate released two letters (here and (here) that demonstrate, at best, a woeful lack of comprehension of the International Criminal Court.  The letters suggest that the ICC’s preliminary...

Last week, The Huffington Post published an article with the provocative title, Epidemiologist Slams U.S. Coronavirus Response: ‘Close To Genocide By Default’. The epidemiologist in question was Prof. Dr. Gregg Gonsalves, PhD (Public Health, Yale University), who, according to his online curriculum vitae, is an Assistant Professor in Epidemiology of Microbial Diseases at the Yale School of Public Health, as well as an Associate...

On May 3rd, a group of 60 Venezuelan expatriates and two American former Green Berets launched an operation to topple the dictatorship of Nicolás Maduro, in Venezuela. The operation looked more like something out of a bad streaming series than an actual military mission. Their plan was to arrive by boat at a fishing town north of the Capital, Caracas, somehow storm the heavily fortified...

[León Castellanos-Jankiewicz is Researcher in International Law at the Asser Institute for International and European Law in The Hague and Academic Coordinator of the Netherlands Network for Human Rights Research.] As nearly half the world goes under lockdown to contain the spread of COVID-19, migrants have been especially helpless in the face of governmental measures restricting the movement of persons. Recent...

[Jennifer Trahan is a Professor at the NYU Center for Global Affairs.] On March 5, 2020, the International Criminal Court’s Appeals Chamber issued an extremely significant ruling authorizing the opening of the Afghanistan investigation.  The decision is important in that it confirms the Prosecutor’s discretion in evaluating whether or not to proceed “in the interests of justice” under Article 53(1)(c) of the Rome Statute, thereby allowing the Afghanistan...

[Siddharth S. Aatreya is an LLM Candidate in International Law at the University of Cambridge  and a General Editor of the Cambridge International Law Journal.] The Canadian Supreme Court’s decision in Nevsun Resources v. Araya has shone new light on the debate around the horizontal application of international law, particularly international human rights norms. With a 5-4 majority, the court held that Nevsun, a Vancouver-based...