A number of us -- me, Aurel Sari, Eliav Lieblich, Andrew Bell, Sasha Greenawalt, Craig Martin, Ed Swaine -- have been having an interesting discussion on Twitter about two important issues concerning the use of force. The first is when IHL begins to apply in an IAC. The traditional position is that any use of interstate force triggers IHL and...
Announcements Top international lawyers to draft definition of 'Ecocide': International lawyer Philippe Sands QC and international judge Justice Florence Mumba are to co-chair an expert drafting panel on the legal definition of “ecocide” as a potential international crime that could sit alongside War Crimes, Genocide and Crimes Against Humanity. Launching with preparatory work this month, and set to draft the definition...
A few days ago, I had the pleasure of giving an online lecture for the Iranian Center for International Criminal Law about the relationship between the US and the ICC. In the lecture, I trace the evolution of the US-ICC relationship and try to predict what that relationship will look like under President Biden. I also speculate about why Trump has...
[Eve Massingham is a Senior Research Fellow with the School of Law at The University of Queensland.] Over the coming months there will be considerable attention, both in Australia and internationally, on the findings of the Brereton Inquiry into crimes alleged to have been committed by Australian special forces operating in Afghanistan between 2005 and 2016. The report specifically identifies 19...
By Karolína Babická, ICJ Legal Adviser The EU Counter-terrorism Directive On 15 March 2017 the European Union (EU) adopted EU Directive 2017/541 on Combatting Terrorism (“the Directive”)with a deadline for transposition into domestic law of 8 September 2018. The Directive aims principally to extend the scope of application of criminal law by Member States to terrorism related threats and activity within the EU. In...
[David Matyas is a PhD Candidate and Gates Cambridge Scholar at the University of Cambridge, Lauterpacht Centre for International Law.] For over two weeks, violent and escalating clashes in the Tigray region of Ethiopia have resulted in hundreds of deaths, thousands of displaced persons and ever growing humanitarian needs in this mountainous region of northern Ethiopia. The parties to this conflict include the government of...
[Eian Katz is Counsel and Program Manager at Public International Law and Policy Group. Opinions expressed here are his own.] Recent allegations that Turkey has prevented humanitarian aid from reaching Nagorno-Karabakh mark the latest instance of a disturbing trend in global conflicts. In recent months, belligerent actors have engaged in similar acts of obstructionism in Syria, Venezuela, and Yemen to dire humanitarian effect. The abject politicization of aid delivery...
I just had the pleasure of a sharp exchange on Twitter with my dear friend Mark Kersten, one of the most insightful commentators on the ICC. The exchange was motivated by the ASP making it "officially official" (Mark's nicely turned phrase) that the process for electing the next Prosecutor will be opened up to include (at a minimum) any longlisted...
[Vanessa Sant'Anna Bonifacio Tavares is a PhD candidate in Interdisciplinary International Studies (IIS) at the Vienna School of International Studies. The views expressed herein are those of the author and do not necessarily reflect any official position.] In about 90 days, the UN Treaty on the Prohibition of Nuclear Weapons (TPNW) shall enter into force, proscribing nuclear weapons use, threat of use, testing, development, production, possession,...
[Ezequiel Heffes is a Thematic Legal Adviser, Geneva Call. PhD Candidate, Grotius Centre for International Legal Studies, Leiden University; Marcos D. Kotlik is an Associate Legal Officer at the International Court of Justice, the Academic Coordinator, Observatory of IHL, Universtiy of Buenos Aires and a PhD Candidate, IHEID. The views expressed in this article are personal to the authors and do not necessarily reflect those...
[Marko Svicevic is a post-doctoral research fellow at the South African Research Chair in International Law, University of Johannesburg.] Introduction The growing insurgency in Mozambique continues to worry its neighboring states and the Southern African Development Community (SADC) alike. Known as Ansar al-Sunna, the insurgency first arose in 2017 in Mozambique’s northern province of Cabo Delgado. By July 2019, it had pledged allegiance...
Announcements The Latest Volume of the Nuremberg Academy Series The Tokyo Tribunal: Perspectives on Law, History and Memory is out now. With the third volume of the Nuremberg Academy Series, the Nuremberg Academy offers a publication on The Tokyo Tribunal: Perspectives on Law, History and Memory, edited by Viviane E. Dittrich, Kerstin von Lingen, Philipp Osten and Jolana Makraiová. This publication combines perspectives from law,...