Courts & Tribunals

[David M. Crane was the Chief Prosecutor of the Special Court for Sierra Leone from 2002 until 2005.] I have had the rare privilege of being one of four individuals to actually found an international tribunal, literally from the ground up, and manage it to success. The international war crimes for West Africa, called the Special Court for Sierra Leone, has been taunted as one...

[Luis Moreno Ocampo is the Founding Chief Prosecutor of the ICC (2003-2012)]. In late 2020, the third International Criminal Court (ICC) Prosecutor will be appointed. One thing is certain: she/he will face new challenges. Should the new Prosecutor open an investigation in Venezuela? Or against British personnel in Iraq? Burundi, Philippines or Georgia? What should be the focus of the Afghanistan and Palestine investigations? At the beginning of...

[Kevin Jon Heller is Associate Professor of Public International Law at the University of Amsterdam and Professor of Law at the Australian National University; Mark Kersten is a researcher based at the Munk School of Global Affairs and Public Policy at the University of Toronto and creator of the blog Justice in Conflict; Patryk I. Labuda is a Postdoctoral Researcher at...

[Marina Aksenova is a Professor of Comparative and International Criminal Law at IE Law School, Madrid.] Legal studies condition lawyers to think about international law as progressing in a linear fashion with the gradual evolution of its various institutions in parallel with the development of the body of applicable law – treaties, custom and the general principles of law. At the same time, if one looks at the...

[Fabricio Guariglia is Director of Prosecutions, Office of the Prosecutor, International Criminal Court. The opinions in this article are solely the author’s and should not be attributed to the Office of the Prosecutor or the International Criminal Court.] As we move further into the uncertain, our offices turned virtual, our children at home, our social habits transformed, our concerns for ourselves and others guiding our daily routines,...

[Nina Sun is the Deputy Director and Global Health and Human Rights & Assistant Clinical Professor at the Dornsife School of Public Health, Drexel University  and Livio Zilli is a Senior Legal Adviser & UN Representative at the International Commission of Jurists.] This piece is split into two parts – the first focuses on criminalization of COVID-19 exposure and transmission, and the second on criminal sanctions...

[Matt Pollard is a Senior Legal Adviser for the International Commission of Jurists (ICJ) in Geneva, and Director of the ICJ Centre for the Independence of Judges and Lawyers; Mathilde Laronche is an Associate Legal Adviser for the ICJ, with a specialization in human rights, humanitarian law and international criminal law and Viviana Grande is an intern with the ICJ, a law...

[Matt Pollard is a Senior Legal Adviser for the International Commission of Jurists (ICJ) in Geneva, and Director of the ICJ Centre for the Independence of Judges and Lawyers; Mathilde Laronche is an Associate Legal Adviser for the ICJ, with a specialization in human rights, humanitarian law and international criminal law and Viviana Grande is an intern with the ICJ, a law...

[M. Vagias is a Senior Lecturer of Law with The Hague University of Applied Science] Introduction: Amnesties in the latest Gaddafi Admissibility proceedings The debate on the compatibility of amnesties with the duty to prosecute human rights violations, including war crimes and crimes against humanity, is far from new in the realm of international criminal law. It has troubled first and foremost the Inter-American Court...

[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...

On 3 March, news reports indicated that that the UN High Commissioner for Human Rights (High Commissioner) filed an intervention at the Supreme Court of India, linked to petitions challenging the Citizenship Amendment Act of 2019 (CAA). This legislation – along with a population and citizenship register – has been the focus of nationwide protests across India.  In brief, the CAA seeks to ease a path...