International Criminal Law

[Chantal Meloni is Associate Professor of International Criminal Law and Criminology at the University of Milan (Italy) and is Senior Legal Advisor at the European Center for Constitutional and Human Rights (ECCHR) of Berlin. The author worked on the submission in her capacity as senior legal advisor for international crimes at ECCHR.] On 1 July 2021 an important request  was submitted to the Office of...

[Eva Buzo is an Australian lawyer, and the Executive Director of Victim Advocates International. She lived in Cox’s Bazar between November 2017 and September 2019.] There has been a flurry of discussion about the way in which the Rohingya community, particularly in Cox’s Bazar, Bangladesh, is receiving information about the various accountability mechanisms. On 7 June 2020 the Registry of the International Criminal Court (“ICC”) reported...

[Carlos Rafael Urquilla Bonilla is a Senior Attorney at Inter-American Institute of Social Responsibility and Human Rights (IIRESODH)] In August 1936, husband and wife Antonio Alomar Mas and Margalida Jaume Vandrel were forcibly disappeared in Manacor (Mallorca) leaving two daughters behind at ages 8 and 11 amidst the Civil War. Their case is a paradigmatic example of the multiple gross human rights violations committed during the Spanish Civil...

[Dimitrios Kourtis is a PhD candidate at the Aristotle University and a Research Associate and Adjunct Lecturer at the University of Nicosia. Part I can be found here.] A Collective Right to Existence Westphalian international law is not the best platform to address ‘dealing with the past’ issues (Koskenniemi). The Treaty of Westphalia itself contained a legal oblivion clause (Common Article II)...

[Dimitrios Kourtis is a PhD candidate at the Aristotle University and a Research Associate and Adjunct Lecturer at the University of Nicosia.] Genocide Disparities and Grotian Moments International law has been credited for normalizing, theorizing, and proliferating several systemic injustices, being the ‘culprit and the remedy’(Stahn) of/for an imperialistic order premised on centers and peripheries (Anghie). Although, such statements offer a recapitulation of the use and...

In my previous posts on the crime of ecocide -- Post 1, Post 2 -- I argued the theoretical/normative case against the IEP's decision to subject lawful acts to anthropocentric cost-benefit analysis via the "wantonness" requirement. In this post, I want to bracket the issue of whether the definition of ecocide should distinguish between lawful and unlawful acts and question...

[Dr. Dalia Palombo  is a Senior Research Fellow at the Institute for Business Ethics, University of St. Gallen.] Imperialism and Transnational Human Rights Litigation How to hold multinationals to account for human rights abuses? This is a question that has tormented scholars, litigators and advocates. It is difficult to answer because the term “multinational” does not exist in law. From the legal perspective, a multinational is a conglomerate of...

[Gabrielle Holly is a Senior Adviser in the Human Rights and Business Department at the Danish Institute for Human Rights and an experienced commercial disputes practitioner. You can find her on twitter at @Gabriellellell.]  In recent years we have seen tremendous momentum behind moves to introduce mandatory human rights due diligence obligations in law, both at the national level and at the international...

[Zachary D. Kaufman is Associate Professor of Law and Political Science at the University of Houston Law Center. His full biography is available here.] On June 15 and 16, the Belgian Parliament held a hearing about the Islamic State’s genocide against the Yezidis in Iraq and Syria. I testified, as did, among others, Nobel Peace Prize laureate Nadia Murad, a survivor of the genocide....

[Dr. Mishana Hosseinioun is a lecturer in International Relations at the University of Oxford and a visiting fellow at the Centre for International Studies at the LSE. She is the president of the international justice consultancy MH Group, which submitted to the ICC an Article 15 Communication integral in opening the formal investigation into the situation in Palestine.] This May, the ongoing conflict in the Occupied Palestinian Territory...

[Penelope A. Bergkamp is a graduate from the National University of Singapore and KU Leuven, and law practitioner in Brussels.] Corporate liability and supply chain liability (SCL) in particular are experiencing a rapid and dramatic revolution. Supply chain liability (“SCL”) is the liability of a multinational corporation for damages caused by its business partners, often in developing countries. The term business partners refers to any business partner,...

[Ori Pomson is a member of the Israel Bar and currently an LLM candidate at the Hebrew University of Jerusalem. Previously, he served for six years as an officer (rank of captain) in the Israel Defence Forces Military Advocate General’s Corps International Law Department, where he served as Assistant Legal Adviser for Cyber Affairs and Assistant Head of the Legal Development Section.] I. Introduction One of the...