International Criminal Law

[Priya Pillai is a lawyer and international law specialist, with expertise in the areas of international justice, international human rights, transitional justice, peace and conflict, and humanitarian issues.] Marking a year since the recent exodus of Rohingya from Rakhine state to Bangladesh, the U.N. Human Rights Council mandated Independent International Fact-Finding Mission (FFM) released its final report on 18 September 2018....

[Marina Aksenova is a Professor of Global, Comparative and European Law and Law, Politics and Economics at IE Law School.]   “The Seeds of Genocide” The image “The Seeds of Genocide” was created at my request by an artist Avital Legar with the idea of the legal prohibition of genocide in mind and with reference to the Genocide Convention. I am promoting use of this...

[Kate Vigneswaran is Senior Legal Advisor for Middle East and North Africa for the International Commission of Jurists and Sam Zarifi is the Secretary General of the International Commission of Jurists.] Can the International Criminal Court now exercise jurisdiction over the deportation of Syrians into Jordan? This question was raised by a Syrian lawyer last week at a discussion on the sidelines...

The International Commission of Jurists organised a fascinating side-event yesterday at the Human Rights Council. Here is the ICJ's background statement: Particularly when crimes under international law are perpetrated on a large scale in situations of crisis, there is an urgent need to preserve evidence for use in eventual criminal proceedings, whether at the International Criminal Court or other national or...

[Andrea Raab is a graduate of the University of Oxford and has worked at Women’s Initiatives for Gender Justice as well as the UN International Residual Mechanism for Criminal Tribunals. Siobhan Hobbs is the Legal and Programme Director at Women’s Initiatives for Gender Justice.] The opening of the Al Hassan case before the ICC earlier this year has the potential to...

[Jennifer Trahan is a Clinical Professor at the NYU Center for Global Affairs.] Monday, at the Federalist Society, National Security Adviser John Bolton delivered a major foreign policy address, devoted almost entirely to attacking the International Criminal Court, a court established to prosecute the most egregious crimes of concern to the international community. At a time when the US does indeed face many...

[Steven Kay QC is Head of Chambers at 9 Bedford Row. He has appeared as leading counsel in many significant international criminal trials (Tadic, Milosevic, Musema, Gotovina, Kenyatta) – and represented heads of state and leading figures at UN tribunals and the International Criminal Court (ICC). Joshua Kern is a barrister at 9 Bedford Row. He specialises in complex criminal cases...

Much has been made of how relations between the ICC have improved since the second term of Bush the Younger. I think we all expected that to change in the wake of Trump's election, particularly after the OTP announced its intention to investigate detention-related abuses in Afghanistan and in CIA black sites in Eastern Europe For a while, nothing much...

Okay, it didn't directly say that. But that is the logical consequence of the Pre-Trial Chamber's new decision upholding the Court's jurisdiction over the deportation of the Rohingya from Myanmar. According to the PTC (para. 71), the crime against humanity of deportation (unlike forcible transfer) necessarily takes place in two states, because one of the essential elements of the crime...

[Sareta Ashraph is a barrister specialised in international law, and is currently focused on ISIS's crimes against the Yazidis. Sister Makrina Finlay OSB (DPhil Oxon, Modern History) assists Yazidi asylum seekers in Germany and Melinda Taylor is an international criminal law and human rights attorney, who provides voluntary assistance to asylum seekers through Advocates Abroad. The authors are currently exploring the...

[Jennifer Trahan is a Clinical Professor at the NYU Center for Global Affairs.] July 17, International Justice Day, not only marked the 20th anniversary of the Rome Statute of the International Criminal Court (“ICC”), but also activation of the ICC’s fourth crime, the crime of aggression. These milestones were celebrated by an event at the UN entitled “20th anniversary of the Rome Statute:...