International Human Rights Law

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...

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...

[Alexandra Lily Kather is a Legal Advisor at ECCHR’s International Crimes and Accountability Program. Anne Schroeter is a Legal Advisor at ECCHR’s International Crimes and Accountability Program. This post represents the personal views of the authors and does not necessarily reflect the views of the European Center for Constitutional and Human Rights. This is Part II of a two-part post.] This change of course...

[Alexandra Lily Kather is a Legal Advisor at ECCHR’s International Crimes and Accountability Program. Anne Schroeter is a Legal Advisor at ECCHR’s International Crimes and Accountability Program. This post represents the personal views of the authors and does not necessarily reflect the views of the European Center for Constitutional and Human Rights. This is Part I of a two-part post.] With ISIL’s territorial control...

Livio Zilli is a Senior Legal Adviser & UN Representative at the International Commission of Jurists. Background Abortion is a highly safe and reliable medical procedure when performed by skilled health care providers in sanitary conditions. In contrast, “illegal” abortions, performed without safeguards, are generally unsafe and lead to high rates of complications and to maternal deaths and morbidity. Some 47,000 women...

[Caroline Fish is an attorney admitted to practice in New York State and Licensed Master of Social Work, who has worked on issues of gender-based violence since 2009 and written on legal issues related to human trafficking.] The story of Shamima Begum, who was 15 when she was groomed and recruited by ISIS fighters, captures popular attention today, but States have...

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...

[Marcos Zunino is a Research Fellow at the Bingham Centre for the Rule of Law of the British Institute of International and Comparative Law and the author of Justice Framed: A Genealogy of Transitional Justice (CUP 2019). Twitter: @MarcosZunino.] Argentina is a well-known case of transitional justice. From the pioneering 1984 truth commission and the prosecutions that had to be rolled back due...

Though most of the outrage was manufactured and hypocritical, Rep. Ilhan Omar (D-MN) deserved criticism for her ill-expressed tweet about AIPAC. But she has more than redeemed herself with this exchange with Elliott Abrams, Trump's Special Envoy to Venezuela, at a House Foreign Affairs Committee meeting yesterday. It is a delight to watch Elliott Abrams' face as he is asked --...

Amidst all the faux outrage over a Muslim Congresswoman's (admittedly problematic) tweet -- much of it coming from evangelicals who think all Jews will burn in Hell after the rapture and right-wingers who say nothing about blatantly anti-Semitic attacks on George Soros or Israel's support for the deeply anti-Semitic Prime Minister of Hungary -- here is your daily reminder of the...