This week, we are very happy to host a discussion on Kamari Clarke's latest publication, Affective Justice: The International Criminal Court and the Pan-Africanist Pushback. Kamari will start us off with an introductory post, and then we have the honor to hear from the following renowned scholars during the rest of the week: Sarah Nouwen, Katharine Lemons, Dire Tladi, Edwin...
[Andreas Schueller directs the International Crimes and Accountability program at the European Center for Constitutional and Human Rights (ECCHR).] The current German coalition agreement says that the German government “categorically rejects extrajudicial killings, also by drones”. Nevertheless, the German armed forces leased drones that can be armed – yet without the respective weapons. The German government declared that it will employ these drones only in accordance to...
[Nathaniel Berman is the Rahel Varnhagen Professor of International Affairs, Law, and Modern Culture at Brown University. This is the second part of a two-part post.] [In Part One of this essay, I argued for the importance of the reaffirmation of the illegality of annexation of occupied territory. I outlined, and partly responded to, the criticism of this position “from the...
[Nathaniel Berman is the Rahel Varnhagen Professor of International Affairs, Law, and Modern Culture at Brown University. This is the first part of a two-part post.] Israel may be on the brink of formally annexing large swaths of the West Bank. Ever since Trump’s victory in 2016, the pro-settler Israeli right has sensed a historic opportunity to secure its cherished goal:...
[Nicola Palmer is a Senior Lecturer in criminal law at King’s and the author of Courts in Conflict: Interpreting the Layers of Justice in Post-Genocide Rwanda.] On Saturday, 16 May 2020 Félicien Kabuga, a former businessman accused of being a major financial backer of Hutu extremism in the build-up to, and during, the Rwandan genocide was arrested in a flat in Asnieres-sur-Seine...
[Nicole De Silva is an Assistant Professor of Political Science at Concordia University and Misha Plagis is a Postdoctoral Researcher at the T.M.C. Asser Instituut.] The African Court on Human and Peoples’ Rights—the African Union’s continental human rights court—received severe blows in late April, as two states, Benin and Côte d'Ivoire, withdrew their declarations allowing individuals and NGOs to submit cases...
[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...
[Jan Lhotský is the head of the Czech Centre for Human Rights and Democracy. He also works as a lawyer at the Office of the Public Defender of Rights (Ombudsperson) and as a senior researcher at the Centre for International Law of the Institute of International Relations in Prague.] The universal system of monitoring human rights obligations – the UN treaty bodies based in Geneva – has...
[Jonathan Turner is a barrister in London and Chief Executive of UK Lawyers for Israel (UKLFI)] Practising advocates know that what is not included in reply submissions is usually more interesting than what is there. One of the omissions in the ICC Prosecutor’s recent Response on the issue of the Court’s territorial jurisdiction in respect of Palestine is that it does not address the argument made by...
[Somesh Dutta specializes in international dispute resolution. He is currently working with the Max Planck Institute Luxembourg for International, European & Regulatory Procedural Law as a Research Fellow and is a member of the International Max Planck Research School for Successful Dispute Resolution (IMPRS-SDR).] In particular, developing economies with a large consumer base may have a crucial role in shaping the future of international investment adjudication, and...
[Oliver Windridge is a lawyer specialising in international human rights law and international criminal law. He is founder of The ACtHPR Monitor, a website and blog dedicated to the African Court on Human and Peoples’ Rights. Oliver is one of five lawyers on the African Court’s List of Counsel (pro bono) and currently acts as counsel in cases before the African Court as well as...
[Mathias Holvoet works as a Legal Officer at the Federal Prosecutor’s Office of Belgium.] This post is a follow-up post on Kevin Jon Heller’s post ‘the OTP Lets Australia off the Hook’, in which he vehemently criticized the ICC’s Office of the Prosecutor’s decision not to open a preliminary examination over the situation in Nauru and Manus Island, after denying to qualify...