International Criminal Law

In a recent post at EJIL: Talk! on the India/Pakistan crisis, Mary Ellen O'Connell references a book chapter in which she suggests that Israel's 1976 raid on Entebbe was the first situation in which a state invoked the "unwilling or unable" doctrine as a jus ad bellum justification for self-defense: Christian Tams, Dire Tladi, and I will soon publish, Self-Defence Against Non-State...

[Jennifer Trahan is a Clinical Professor at the NYU Center for Global Affairs and Megan Fairlie is a Professor of Law at Florida International University School of Law.] On March 15, 2019, U.S. Secretary of State Michael R. Pompeo announced plans to implement a travel ban against International Criminal Court (“ICC”) officials working on the Afghanistan situation. The ban specifically will revoke visas...

[Steven Kay QC is Head of Chambers at 9 Bedford Row. He has appeared as leading counsel in many significant international criminal trials (Tadić, Milošević, Musema, Gotovina, Kenyatta) and Joshua Kern is a Barrister at 9 Bedford Row. He has defended clients at the ICC (Kenyatta), the Extraordinary Chambers in the Courts of Cambodia (ECCC) (Ieng Sary), and the International Criminal...

The Philippines' withdrawal from the ICC becomes effective this Saturday, March 17. There are domestic legal proceedings underway that have the potential to nullify the withdrawal. But if the withdrawal goes forward, we are faced with an important question: what happens to the OTP's preliminary examination? This is, of course, Burundi redux. In that case, the OTP preserved its ability to...

Jean-Pierre Bemba, recently finally acquitted by the Appeals Chamber, dropped quite the legal bombshell last night on the ICC: he is demanding nearly €70,000,000 from the Court -- €22,000,000 in compensation for the 10 years he spent in detention; €4,000,000 in legal fees; and €42,400,000 for the economic loss he has suffered as a result of the Court's mismanagement of property it...

Perhaps it is too early to be talking about a Venezuelan transition, but then again, it is never too early to be prepared. Presuming the Lima Group does avoid American military action in Venezuela and secures a workable plan for elections, how would a post-Maduro transitional justice scheme look like? Accountability seems to be of great importance to the Lima Group....

Earlier this month, I attended the opening ceremony of an exhibit on “Women and War” at a museum in the Philippines. A survivor of war time atrocities, Lola Estelita, spoke about her experiences, moving many in the audience to tears. Many other survivors of wartime sexual slavery and atrocities – called the “Lolas” or grandmothers – are now no longer...

I tweeted a link to the presentation, but I thought I might post it here along with the accompanying slides. Here is the abstract: This presentation will argue that the ICC’s newly-adopted crime of aggression is useless, anachronistic, and yet beautiful. The crime is useless because the jurisdictional regime adopted by the Assembly of States Parties ensures that the Court will...

Though most of the outrage was manufactured and hypocritical, Rep. Ilhan Omar (D-MN) deserved criticism for her ill-expressed tweet about AIPAC. But she has more than redeemed herself with this exchange with Elliott Abrams, Trump's Special Envoy to Venezuela, at a House Foreign Affairs Committee meeting yesterday. It is a delight to watch Elliott Abrams' face as he is asked --...

Amidst all the faux outrage over a Muslim Congresswoman's (admittedly problematic) tweet -- much of it coming from evangelicals who think all Jews will burn in Hell after the rapture and right-wingers who say nothing about blatantly anti-Semitic attacks on George Soros or Israel's support for the deeply anti-Semitic Prime Minister of Hungary -- here is your daily reminder of the...

This week has seen news of potential use of amnesty laws in three countries – the Central African Republic, Guatemala, and Venezuela. Here, nuances are important to highlight. In CAR, with the peace agreement under wraps initially, early news reports indicated the push for a ‘blanket’ amnesty, i.e. exemption from international crimes, including crimes against humanity and war crimes. Other reports...

At Lawfire, my friend Charlie Dunlap has a long post arguing that the mission to kill Osama bin Laden was consistent with both the jus ad bellum and the jus in bello -- a response to a recent Stephen Carter op-ed that raises questions about the mission. I agree with much of what Charlie says, particularly about the jus in bello...