International Criminal Law

[Milena Sterio is The Charles R. Emrick Jr. – Calfee Halter & Griswold Professor of Law at the Cleveland-Marshall College of Law and Co-Coordinator for Global Justice Partnerships at the Public International Law and Policy Group.] It is my pleasure to contribute this guest post to the Opinio Juris symposium about Professor Jennifer Trahans’s recent book, Existing Legal Limits to Security Council Veto Power...

[Dire Tladi is a Professor of International Law, at the University of Pretoria, a member of UN International Law Commission and its Special Rapporteur on Peremptory Norms of General International Law (Jus Cogens).] I am grateful to Jennifer for inviting me to contribute to this symposium on her book Existing Limits to Security Council Veto Power in the Face of Atrocity Crimes. When...

A number of us -- me, Aurel Sari, Eliav Lieblich, Andrew Bell, Sasha Greenawalt, Craig Martin, Ed Swaine -- have been having an interesting discussion on Twitter about two important issues concerning the use of force. The first is when IHL begins to apply in an IAC. The traditional position is that any use of interstate force triggers IHL and...

[Charles C. Jalloh is a Professor of Law at Florida International University and Founding Editor, African Journal of  Legal Studies and African Journal of International Criminal Justice. He is a member of the International Law Commission. His latest book is The Legal Legacy of the Special Court for Sierra Leone (Cambridge, 2020).] It was a pleasure to have been invited to this...

[Jennifer Trahan is Clinical Professor and Director of the Concentration in International Law and Human Rights at the NYU Center for Global Affairs and author of Existing Legal Limits to Security Council Veto Power in the Face of Atrocity Crimes (CUP 2020), winner of the “2020 ABILA Book of the Year Award” by the American Branch of the International Law Association.] It is no secret...

This week, we have the pleasure of hosting an exciting discussion on Jennifer Trahan's award-winning book, Existing Legal Limits to Security Council Veto Power in the Face of Atrocity Crimes, published by Cambridge University Press. From the Publisher: In this book, the author outlines three independent bases for the existence of legal limits to the veto by UN Security Council permanent members...

Announcements Top international lawyers to draft definition of 'Ecocide': International lawyer Philippe Sands QC and international judge Justice Florence Mumba are to co-chair an expert drafting panel on the legal definition of “ecocide” as a potential international crime that could sit alongside War Crimes, Genocide and Crimes Against Humanity.  Launching with preparatory work this month, and set to draft the definition...

A few days ago, I had the pleasure of giving an online lecture for the Iranian Center for International Criminal Law about the relationship between the US and the ICC. In the lecture, I trace the evolution of the US-ICC relationship and try to predict what that relationship will look like under President Biden. I also speculate about why Trump has...

The Independent Expert Review and themes of trust and tenure In Friday’s EJIL:Talk post on the Independent Expert Review (IER, the Report), Professor Guilfoyle raises a number of important issues about the health of the International Criminal Court (ICC, the Court). He identifies two crucial themes that run through the review: trust and tenure. This post seeks to analyze briefly some of the points made by...

[Alessandro Pizzuti is co-founder of UpRights. Prior to forming UpRights, Alessandro worked as a legal officer at the Special Tribunal for Lebanon as well as at the International Residual Mechanism for International Criminal Tribunals, the International Criminal Tribunal for the Former Yugoslavia, and the International Criminal Tribunal for Rwanda.] On 14 October 2020, the Libyan Government of National Accord (GNA) announced...

[Eve Massingham is a Senior Research Fellow with the School of Law at The University of Queensland.] Over the coming months there will be considerable attention, both in Australia and internationally, on the findings of the Brereton Inquiry into crimes alleged to have been committed by Australian special forces operating in Afghanistan between 2005 and 2016. The report specifically identifies 19...