In association with the International Commission of Jurists

International Humanitarian Law

23 Dec

[Marta Bo is a Researcher at the Graduate Institute, Geneva and at the T.M.C. Asser Institute in The Hague.] On 14 November 2019, Pre-Trial Chamber III (PTC III) authorized the Office of the Prosecutor (OTP) of the International Criminal Court (ICC) to investigate crimes allegedly committed against the Rohingya population (Article 15 Decision). This decision was unsurprising in light of the Jurisdiction Decision delivered by Pre Trial Chamber...

|
07 Dec

On Friday, the Assembly of States Parties unanimously adopted a Swiss proposal to extend the war crime of starvation to non-international armed conflict (NIAC). Previously, for reasons that seem to be largely accidental, the war crime only applied in international armed conflict (IAC). The new war crime is, of course, a welcome development. There is no justification for ever using starvation...

|
04 Dec

As readers are no doubt aware, the OTP has once again declined -- now for a third time -- to open an investigation into Israel's violent attack on the MV Mavi Marmara. That decision was wholly expected; the only question was how the OTP would deal with the Appeals Chamber's recent decision in the Comoros situation, in which the Chamber...

|
26 Nov

I have posted the first draft on SSRN. The article is entitled, intending to be provocative, "Genuine" Unilateral Humanitarian Intervention -- Another Ticking Time-Bomb Scenario. Here is the abstract: The activation of the crime of aggression at the ICC has renewed interest in one of the oldest and most fraught questions of the jus ad bellum: whether a state is entitled...

|
26 Nov

[Alexandra Lily Kather, is a Legal Advisor, International Crimes and Accountability Program, European Center for Constitutional and Human Rights (ECCHR). Silvia Rojas Castro is a ECCHR Critical Legal Trainee, International Crimes and Accountability Program, and Vandita Khanna is ECCHR Critical Legal Training Alumn*, International Crimes and Accountability Program.] 75 years after the Malaya Lolas (“Free Grandmothers”) were sexually enslaved by the...

|
25 Nov

[Solon Solomon is a Lecturer in the Division of Public and International Law at Brunel University London School of Law.] The last few days have seen a renewed legal interest in both sides of the Atlantic concerning the legality of the Israeli settlements. On November 12, the European Union’s court, the ECJ, held that products coming from these settlements must be labelled accordingly....

|
22 Nov

I've been meaning to write for a while now about Stefan Talmon's brilliant new article for the Chinese Journal of International Law, which is entitled "The United States under President Trump: Gravedigger of International Law." It's rare you see an international lawyer of Talmon's eminence and care give an article such a provocative title, so you know he must be...

|
19 Nov

The past week has been a momentous one for the Rohingya, in their quest for justice and accountability.  On Monday 11 November, The Gambia filed an application at the International Court of Justice (ICJ) alleging violations of the genocide convention against Myanmar. On 13 November, a case was filed in Argentine domestic courts on the basis of what is termed ‘universal jurisdiction’ against members...

|
06 Nov

On October 22, Jay Sekulow -- best known as one of Trump's lawyers -- filed a request to submit observations concerning the Afghanistan appeal on behalf of the European Centre for Law & Justice (ECLJ), the European branch of the American Center for Law & Justice (ACLJ), an ultra-right NGO. The Appeals Chamber granted the request on October 24, despite...

|
23 Oct

[Ralph Janik teaches international law at the University of Vienna, Webster University Vienna, and the University of Rostock. He specializes in the interplay of international law and international relations. Twitter: @RalphJanik] A couple of days ago the research services of Germany’s parliament (the Bundestag) published an expert opinion on the legal aspects of Turkey’s Syria invasion. Its principal findings are clear: “Operation Peace Spring”...

|