International Criminal Law

[Mark Ellis is Executive Director of the International Bar Association, London.] On March 24, 2016, the International Criminal Tribunal for the former Yugoslavia (“ICTY”) convicted Radovan Karadžić of genocide, crimes against humanity, and violations of the laws or customs of war. Almost exactly three years later, on March 20, 2019, the Appeals Chamber of the International Residual Mechanism for Criminal Tribunals...

Luke Moffett is a senior law lecturer at Queen's University Belfast and Principal Investigator on the "Reparations, Responsibility and Victimhood in Transitional Societies” project.  Following the award of the Nobel Peace prize to Dr Denis Mukwege and Nadia Murad in December 2018, there is a substantial effort to capitalise on the publicity by pressing for an ‘International Reparation Initiative’ for victims of...

[Emma Irving is an Assistant Professor of Public International Law at the Grotius Centre for International Law, Leiden University and Nicholas Ortiz is a Research and Teaching Associate at the Kalshoven-Gieskes Forum on International Humanitarian Law.] On 18 March 2019, the UN Commission of Inquiry on the 2018 Protests in the Occupied Palestinian Territory (‘CoI’) published its detailed findings of its...

Last week, the excellent lawyers at The Guernica Group, led by my friend Toby Cadman, filed an Article 15 communication with the Office of the Prosecutor (OTP) arguing that the ICC should open an investigation into the deportation of civilians from Syria to Jordan. The communication itself is not public, so what we know of TGG's legal argument comes from their...

[Mark Drumbl is Professor at Washington and Lee University, School of Law. His research and teaching interests include public international law, global environmental governance, international criminal law, post-conflict justice, and transnational legal process. This contribution was originally posted at legalsightseeing.org. ] International judges get so very few monuments in their honor. One such judge, however, has two. This judge is Radhabinod Pal, from India....

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...