In association with the International Commission of Jurists

Regions

01 Oct

[Kamari Maxine Clarke is a Professor at the University of California, Los Angeles. This is the latest post in our symposium on Phil Clark’s book, Distant Justice: The Impact of the International Criminal Court on African Politics.] With a spectacular introductory opening that sets the stage for understanding Bosco Ntaganda’s appearance before the International Criminal Court (ICC), Phil Clark’s Distant Justice draws on eleven...

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01 Oct

[Owiso Owiso is a Doctoral Researcher in Public International Law at the University of Luxembourg. This is the latest post in our symposium on Phil Clark’s book, Distant Justice: The Impact of the International Criminal Court on African Politics.] A distant ICC ‘orbiting in space’ as rogue regimes make merry This post makes a few observations on Phil Clark’s book Distant justice:...

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30 Sep

[Phil Clark is a Professor of International Politics at the School of Oriental and African Studies (SOAS) at the University of London. An Australian by nationality but born in Sudan, Dr Clark is a political scientist specialising in conflict and post-conflict issues in Africa, particularly questions of peace, truth, justice and reconciliation. This is the latest post in our symposium...

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30 Sep

[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...

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25 Sep

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...

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18 Sep

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...

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09 Sep

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...

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09 Sep

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...

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30 Aug

[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...

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28 Aug

[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”...

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26 Aug

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...

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