Regions

[Patryk I. Labuda is a Postdoctoral Scholar at the Fletcher School of Law and Diplomacy. Thijs B. Bouwknegt is a Researcher at the NIOD Institute for War, Holocaust and Genocide Studies (part of the Royal Netherlands Academy of Arts and Sciences, KNAW).] The International Criminal Court (ICC) is struggling. Fifteen years after it opened its first investigation, the Court has tried just a handful of cases. Only...

I sat down with Stephen Rapp, (formerly Chief of Prosecutions at the ICTR, Prosecutor at the SCSL, and US Ambassador-at-Large for Global Criminal Justice; now a Fellow at the US Holocaust Memorial Museum’s Center for Prevention of Genocide and Oxford University’s Blavatnik School) to talk about some of the burning issues in international criminal justice today.  There are very clear challenges...

As most readers will know by now, Pre-Trial Chamber II has partially granted the OTP's request for leave to appeal the PTC's refusal to authorize the Afghanistan investigation. Eulogies for the investigation are thus premature. A few thoughts on the PTC's decision follow. To begin with, it remains scandalous that it took the PTC this long to certify the appeal. The...

The irreplaceable Carmi Lecker called my attention yesterday to a proposal by Switzerland to deem the intentional starvation of civilians a war crime in non-international armed conflict (NIAC). At present, it is only a war crime in international armed conflict (IAC) -- Art. 8(2)(b)(xxv) of the Rome Statute. Here is the text of the proposal: Add to article 8, paragraph 2...

On 4 September last week the UN Commission of Inquiry on Burundi released its latest report. The situation in Burundi continues to warrant deep concern as grave human rights violations persist. Experts estimate that it may only get worse as the 2020 elections draw closer. After all, it was a political crisis in 2015 election cycle that catapulted the small...

[Anthony J. Colangelo, Gerald J. Ford Research Fellow and Professor of Law, SMU Dedman School of Law.] The Supreme Court’s recent decision in Gamble v. United States explicitly raised the question of double jeopardy in international cases by positing scenarios in which the United States may wish to successively prosecute after a prior prosecution in a foreign country for crimes occurring abroad. These cases...

[Peter H. Corne is the Managing Partner of Dorsey & Whitney’s Shanghai Office, NYU Global Adjunct Professor of Law, and Mediator of the Shanghai Commercial Mediation Center. Matthew S. Erie is an Associate Professor of Modern Chinese Studies and Associate of the Centre for Socio-Legal Studies of the University of Oxford, and Principal Investigator of the “China, Law and Development”...

A few months ago, I was invited by the Polish Ministry of Justice to participate in a one-day conference on the responsibility of lawyers for judicial crimes, part of Poland's Day of Remembrance for the Victims of Stalinism and Nazism. The Ministry asked me to discuss American prosecutions of Nazi lawyers at the Nuremberg Military Tribunals -- something I wrote...

[This piece was translated and published by BBC India (Hindi) on 22 August. It is for a non-legal audience mainly, and is only focussed on the potential International Court of Justice case on Kashmir.] Pakistan has indicated publicly that it plans to approach the International Court of Justice (ICJ) in relation to Kashmir.  The news of a potential ICJ case on Kashmir arises...

[Camila Teran is a lawyer with a LLB in Law and a LLM in International Criminal Law, both from the University of Sussex.] The ICC’s current crisis bears witness to the contentious relationship between the Office of the Prosecutor of the ICC (OTP) and States. The OTP’s progress is further frustrated by the small window triggering the admissibility phase that would allow the Prosecutor to formally investigate Colombia....

[Victor Kattan is a Senior Research Fellow of the Middle East Institute at the National University of Singapore where he heads the Transsystemic Law Cluster. He is also an Associate Fellow of NUS Law. ] Steven Kay QC and Joshua Kern’s rebuttal to my critique of their Article 15 Communication to the Office of the Prosecutor (“OTP”) of the International Criminal Court (“ICC”) (see here and here) is an...