Courts & Tribunals

[Philip D. Cave is a retired U.S. Navy judge advocate, a Director of the National Institute of Military Justice (NIMJ), and a partner in Cave & Freeburg, LLP. Franklin D. Rosenblatt is a retired U.S. Army judge advocate, President of the NIMJ, and Associate Professor at Mississippi College School of Law. Giovanni Chiarini is a Lecturer at the University of Huddersfield, an...

[Johanna Trittenbach is a PhD Candidate at the Grotius Centre for International Legal Studies at Leiden University.  Jessica Dorsey is an Assistant Professor of International Law at Utrecht University and Otto Spijkers is a Lecturer of International Law at Amsterdam and Leiden University College (AUC and LUC).] Introduction On 12 February 2024, the Court of Appeal in The Hague ordered the Netherlands...

[Mischa Gureghian Hall (X: @MischaGHall) is a Keck Research Fellow at the University of California, Los Angeles, researching international criminal justice and its intersections with international humanitarian and human rights law in conflict and post-conflict settings.] The author is grateful to Dr. Jared McBride for his assistance in the translation of Ukrainian documents. In an August 2023 essay, Russian-American journalist and activist Masha...

[Jinan Bastaki is Associate Professor of Legal Studies at New York University, Abu Dhabi] On 26 January 2024, the International Court of Justice issued an interim order in response to South Africa’s application instituting proceedings against Israel alleging violations of the Genocide Convention for its actions in the Gaza Strip since 7 October 2023 (South Africa v Israel). The Court found...

[Kyle Shen is a Visiting Assistant Professor at Occidental College, and studies international organizations’ roles in transitional justice and regime change. The author is grateful to Jeffrey Zerda for comments that greatly improved this blogpost. All errors remain his own.] Within the last two years, two situations under investigation by the ICC have seen the outbreak of major conflicts with allegations...

[Juliette McIntyre is a Lecturer in Law at the University of South Australia and a PhD candidate at the University of Melbourne. Audrey Plan is an ERC a postdoctoral researcher at University College Dublin's Sutherland School of Law.] Introduction The courtroom is, as Bentham once said, a ‘theatre of justice’. Like, fr bruh. Wait, what?  The last few weeks saw, perhaps for the first...

[Milena Sterio is the Charles R. Emrick Jr. - Calfee Halter & Griswold Professor of Law at Cleveland State University’s Cleveland-Marshall College of Law and Managing Director at the Public International Law & Policy Group.] On January 26, 2024, the International Court of Justice issued five provisional measures in the South Africa v. Israel case, brought by South Africa under the...

[Luciano Pezzano is Professor of Human Rights in the University of Business and Social Sciences (UCES, Argentina) and Lecturer of Public International Law in the National University of Cordoba (UNC, Argentina)] The political and legal implications of the decision by South Africa to bring Israel before the ICJ under the Genocide Convention are countless, even pending the Court’s decision on the...

[Manuel J. Ventura is the Deputy Director of the Australian Defence Force Indo-Pacific Centre for Military Law, Defence Legal Division, Department of Defence of Australia and an Adjunct Fellow/Lecturer of international law at Western Sydney University.] The views expressed herein are those of the author alone and do not necessarily reflect the views of the Department of Defence of Australia, the...

[I serve as Special Adviser to the ICC Prosecutor on War Crimes. This post is written solely in my academic capacity.] Introduction A few weeks ago, I wrote a long response to an Open Letter calling on the Assembly of States Parties to interfere in the Prosecutor's investigation into the situation in Palestine. Opinio Juris has now published a new attack on...

[Triestino Mariniello is Professor of Law at Liverpool John Moores University (UK). He is also Member of the Legal Team representing Gaza Victims before the ICC. This post is written in his personal academic capacity.] On 3 December 2023, the Prosecutor of the International Criminal Court (ICC) concluded his first mission to Israel and Palestine. In Israel, the Prosecutor met with survivors and...