In association with the International Commission of Jurists

Courts & Tribunals

12 Jul

[Gregory Gordon is Associate Professor of Law, Associate Dean for Development and External Affairs and Director of the Research Postgraduates Programme at The Chinese University of Hong Kong Faculty of Law.  He was formerly a prosecutor with the International Criminal Tribunal for Rwanda and the U.S. Department of Justice, Office of Special Investigations.] I have always felt that great scholarship is born...

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11 Jul

Over the next three days we will have an online discussion concerning Gregory Gordon’s new book Atrocity Speech Law: Foundation, Fragmentation, Fruition (Oxford 2017). We welcome Professor Gordon (The Chinese University of Hong Kong Faculty of Law), as well as Roger Clark (Rutgers Law), Mark Drumbl (Washington and Lee School of Law), and David Simon (Yale Dept. of Political Science), who...

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15 Jun

One of the most basic assumption of ICL is that an act cannot be a war crime unless it violates a rule of international humanitarian law (IHL). Article 6(b) of the London Charter criminalised "War Crimes: namely, violations of the laws or customs of war." Article 3 of the ICTY Statute provides that "[t]he International Tribunal shall have the power to prosecute...

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31 May

Last month, I blogged about the Syria War Crimes Accountability Act of 2017, a bipartisan Senate bill “[t]o require a report on, and to authorize technical assistance for, accountability for war crimes, crimes against humanity, and genocide in Syria.” I praised the bill, but pointed out that Section 7(a) was drafted in such a way that it permitted the US to provide technical...

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05 May

I had the great honour last week of giving a presentation to ICC member-states about Art. 15bis and Art. 15ter of the aggression amendments -- the conditions for the exercise of jurisdiction. The presentation was sponsored by the Assembly of States Parties (ASP) and organised by Austria, part of a series of presentations designed to prepare delegations to participate in the...

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22 Mar

Over the past couple of years, a number of scholars -- including me -- have debated whether IHL implicitly authorises detention in non-international armed conflict (NIAC.) The latest important intervention in the debate comes courtesy of Daragh Murray in the Leiden Journal of International Law. As the article's abstract makes clear, Murray is firmly in the "IHL authorises" camp: On the basis of...

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15 Feb

As has been widely reported, 17 international-law scholars -- including yours truly -- recently submitted a 105-page communication to the Office of the Prosecutor alleging that Australia's treatment of refugees involves the commission of multiple crimes against humanity, including imprisonment, torture, deportation, and persecution. The communication is a tremendous piece of work, prepared in large part by the Global Legal Action Network (GLAN) and...

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04 Feb

Kill me: Funding will be taken away from any organisation that is "controlled or substantially influenced by any state that sponsors terrorism" or is behind the persecution of marginalised groups or systematic violation of human rights. The order has singled out peacekeeping, the International Criminal Court and the United Nations Population Fund. The UNPFA targets violence against women, fights to keeps childbirth and abortion,...

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16 Jan

The forthcoming issue of the European Journal of International Law will feature an article by Professor Simon Chesterman, the Dean of the National University of Singapore’s Faculty of Law, entitled Asia’s Ambivalence About International Law and Institutions: Past, Present and Futures. This week, Opinio Juris and EJILTalk will hold a joint symposium on the two blogs on Professor Chesterman’s article. The...

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