In association with the International Commission of Jurists

International Criminal Law

20 Oct

I want to call readers' attention to Oxford University Press's publication of my friend Kim Priemel's new book, The Betrayal: The Nuremberg Trials and German Divergence. Here is the publisher's description: At the end of World War II the Allies faced a threefold challenge: how to punish perpetrators of appalling crimes for which the categories of 'genocide' and 'crimes against humanity'...

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13 Oct

I have posted a short article on SSRN, entitled "Taking a Consenting Part: The Lost Mode of Participation." Here is the abstract: This short article, my contribution to a special issue of the Loyola International and Comparative Law Review commemorating the 70th anniversary of the Nuremberg Trial, critically examines “taking a consenting part” in an international crime – a mode of...

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27 Sep

I know pointing out stupid things Donald Trump says is a fool's errand -- pretty much everything Donald Trump says is stupid. (Note to non-hack conservative friends: I genuinely feel sorry for you.) But I'm struck by how little attention pundits have paid to this gem: I think that once the nuclear alternative happens, it's over. At the same time, we have...

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16 Sep

I love the Guardian. It's generally a great paper. But its unwillingness to correct even the most basic mistakes constantly amazes me. In an otherwise interesting article about the ICC and environmental crimes, John Vidal and Owen Bowcott -- the Guardian's environment editor and legal affairs correspondent, respectively -- say this (emphasis mine): The ICC can take action if the crime happens...

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14 Sep

I have posted the essay on SSRN. Here is the abstract: The question “what is an international crime?” has two aspects. First, it asks us to identify which acts qualify as international crimes. Second, and more fundamentally, it asks us to identify what is distinctive about an international crime – what makes an international crime different from a transnational crime or...

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05 Sep

PassBlue published a very disturbing article yesterday about nominations for five vacant UN Special Rapporteur positions. According to the article, although the President of the Human Rights Council, South Korea's Choi Kyonglim, has endorsed four of the selection committee's five first choices, he has refused to endorse its first choice for Special Rapporteur on Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, Karim...

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04 Aug

[Shehzad Charania was the Legal Adviser and Head of International Law at the British Embassy in The Hague between January 2013 and August 2016.  The views set out in this article are personal, and do not necessarily reflect the views of the British Embassy or the Foreign and Commonwealth Office.] Earlier this year, the King of the Netherlands opened the new...

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23 Jul

I'm delighted to announce the publication of two new essays. The first is "The Use and Abuse of Analogy in IHL," which is a chapter in Jens's edited book for CUP, "Theoretical Boundaries of Armed Conflict and Human Rights." I'm very proud of the essay -- and all of the contributions to the book are excellent. The second publication is my article "Radical...

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06 Jul

Did you hear the one about Judge de Gurmendi, the President of the ICC, taking bribes for from 2004 on to ensure Omar al-Bashir's indictment? The president of the International Criminal Court (ICC) is facing calls to resign after it emerged that she may have received financial rewards said to be in millions of dollars to ensure the indictment of Sudanese President...

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04 Jul

[Dr. Joanna Nicholson is a Researcher at PluriCourts – Centre for the Study of the Legitimate Roles of the Judiciary in the Global Order at the University of Oslo.] For a crime to amount to a crime against humanity, it must be shown to have been part of a bigger picture, namely part of a widespread or systematic attack against a civilian population....

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30 Jun

[Jennifer Trahan is Associate Clinical Professor, at The Center for Global Affairs, NYU-SPS, and Chair of the American Branch of the International Law Association’s International Criminal Court Committee. The views expressed are those of the author.] A significant event happened quietly at the UN on June 27: Palestine deposited the thirtieth instrument of ratification of the International Criminal Court’s crime of...

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18 Jun

I am delighted to announce that OUP has just published Mark Kersten's new book, Justice in Conflict: The Effects of the International Criminal Court's Interventions on Ending Wars and Building Peace. Here is the press's description: What happens when the international community simultaneously pursues peace and justice in response to ongoing conflicts? What are the effects of interventions by the International Criminal Court...

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