In association with the International Commission of Jurists

International Criminal Law

13 Sep

[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...

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12 Sep

[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...

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12 Sep

[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...

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10 Sep

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...

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06 Sep

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...

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15 Aug

[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...

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18 Jul

[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:...

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04 Jul

On Monday, the OTP filed a motion in the Bemba Witness Tampering Case entitled "Detailed Notice of Additional Sentencing Submissions." The OTP argues that, in determining the appropriate sentence for Bemba, Kilolo, and Mangenda, Trial Chamber VII should take into account the fact that the witness tampering by Bemba and his co-defendants led the Appeals Chamber to wrongly acquit Bemba in the...

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28 Jun

This is a major development, one that I hope does not get lost in the welter of commentary on the Bemba acquittal. If you recall, in June 2012 the Libyan government detained four ICC officials who were in Zintan on official Court business: Melinda Taylor from the Office of Public Counsel for the Defence (OPCD), who had been provisionally appointed...

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