I wanted to wait a few days to write this post, because in almost every respect I wholeheartedly endorse the Appeals Chamber's recent decision in the Afghanistan situation. The AC corrected fundamental legal errors by the Pre-Trial Chamber concerning the scope of the authorized investigation and the required nexus for war crimes. And, of course, the AC reaffirmed in no...
[David Eichert is a PhD Candidate at the London School of Economics.] On 23 January 2020 the International Court of Justice made history when it issued provisional measures in the case of The Gambia v. Myanmar, ordering Myanmar to halt its campaign of violence against the Rohingya. While the final outcome of the case remains very much unknown, the fact that...
[Dr. Leonie Steinl, LL.M. is a post-doctoral researcher at Hamburg University, where she works in a DFG-project on "Strategic Litigation Networks and Accountability for Gross Violations of Human Rights". Dr. Wenke Brückner currently works as a lawyer in Berlin, specializing in German and international criminal law. Both authors have previously worked on different aspects of the case of Hanan v. Germany for...
[Ciara Laverty is a PhD candidate at the Grotius Centre for International Legal Studies, Leiden University. Dieneke de Vos received her PhD in international criminal law from the European University Institute, Florence and currently works in the humanitarian sector on the prevention of sexual harassment, exploitation and abuse.] On 11 February 2020, Colombia’s Constitutional Court made public its full reasoning in the precedent-setting tutela action...
[Rawan Arraf is an Australian lawyer and director of the Australian Centre for International Justice. This post represents the personal view of the author and does not necessarily reflect the views of the Australian Centre for International Justice.] This is a belated follow up to the introductory post in the matter of Taylor v Attorney General which concerned the attempted private...
[ Luigi Daniele is Lecturer in Law at Nottingham Trent University, where he leads the undergraduate and postgraduate modules in International Humanitarian Law.] For more than a decade international lawyers have been debating Israel’s claim against the jurisdiction of the International Criminal Court (ICC) over the situation in Palestine, notoriously based on the argument that no Palestine State exists since ‘the Palestinian Authority lacks effective control over the...
[Katherine Gallagher is a Senior Staff Attorney at the Center for Constitutional Rights in New York, where she focuses on holding individuals and corporations accountable for egregious human rights and international law violations. @katherga1. The views expressed in this post are made in my personal capacity and do not necessarily reflect the views of any organization I am currently or formerly associated with, nor the views...
[Jeff Handmaker teaches law, human rights and development and conducts research on legal mobilisation at the International Institute of Social Studies of Erasmus University in the Netherlands and is a senior research fellow in the School of Law, University of the Witwatersrand, South Africa. Alaa Tartir is a Research Associate at Graduate Institute of International and Development Studies (IHEID) in Geneva, Switzerland and is a Program Advisor to Al-Shabaka:...
[John Quigley is Professor Emeritus at the Moritz College of Law, The Ohio State University.] In her Request to the Pre-Trial Chamber for a ruling on territorial jurisdiction, the Prosecutor raises the issue of Palestine’s statehood as a matter to be determined by the Pre-Trial Chamber. She writes, persuasively, that Palestine is a state. The matter was conclusively determined already by...
[Alice Panepinto is a lecturer in law at Queen’s University Belfast, where she researches and teaches human rights, international law and contemporary issues in property law.] In determining its territorial jurisdiction in Palestine, the ICC is presented with a golden opportunity to revive the global reach of international criminal justice. When Pre-Trial Chamber I will rule on the question of whether “the "territory" over which the...
[Mark Kersten is the founder of the blog Justice in Conflict. He is a Senior Researcher at the Munk School of Global Affairs and Public Policy and a student at McGill University’s Faculty of Law.] You would think it was reason to celebrate: there is a distinct possibility of an international court investigating alleged international crimes in a region of the...
[Triestino Mariniello is Senior Lecturer in Law and Coordinator of the Research Unit in ‘International Justice and Human Rights’ at Edge Hill University, UK. Chantal Meloni is Associate Professor at the University of Milan, Italy where she teaches International Criminal Law and Senior Legal Adviser to the European Center for Constitutional and Human Rights, Germany.] This Symposium on ‘The Question of...