International Humanitarian Law

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...

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...

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...

[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”...

A couple of weeks ago, a group of Yezidi women kidnapped, enslaved, and raped by the Islamic State (IS) lost what could have been a landmark case at the New South Wales Civil and Administrative Tribunal. The women sought damages from an Australian-born IS fighter, Khaled Sharrouf, under the terms of New South Wales' victim compensation scheme. Sharrouf himself is...

[Nicolás Zambrana-Tévar teaches international commercial law and dispute resolution at KIMEP University (Almaty, Kazakhstan).] Introduction: The War that Never Ends In 897 A.D., Pope Stephen VI had the corpse of his predecessor Pope Formosus exhumed and brought before the papal court, to be tried after death. The Cadaver Synod sheds a macabre light unto the recent decision of the Spanish Supreme Court to exhume the corpse...

[Phil Clark is a Professor of International Politics at the School of Oriental and African Studies (SOAS) at the University of London. An Australian by nationality but born in Sudan, Dr Clark is a political scientist specialising in conflict and post-conflict issues in Africa, particularly questions of peace, truth, justice and reconciliation. This is the final post in our symposium on...

[Mark Drumbl is the Class of 1975 Alumni Professor and Director, Transnational Law Institute, Washington and Lee University. This is the latest post in our symposium on Phil Clark’s book, Distant Justice: The Impact of the International Criminal Court on African Politics.] I never thought this day would endI never thought tonight could ever beThis close to me-- The Cure (1985) from the album The Head on the...

[Xabier Agirre Aranburu is Head of the Investigative Analysis Section at the Investigations Division of the Office of the Prosecutor of the International Criminal Court. The views expressed herein are those of the author alone, and do not reflect the views of the Office of the Prosecutor. This is the latest post in our symposium on Phil Clark’s book, Distant Justice: The Impact of the International Criminal Court...

[Ottilia Anna Maunganidze is the head of special projects at the Institute for Security Studies. She is a lawyer, analyst and strategist with particular interests in international law, human rights and justice. This is the latest post in our symposium on Phil Clark’s book, Distant Justice: The Impact of the International Criminal Court on African Politics.] The International Criminal Court (ICC) was established as a court of last resort...

[Kamari Maxine Clarke is a Professor at the University of California, Los Angeles. This is the latest post in our symposium on Phil Clark’s book, Distant Justice: The Impact of the International Criminal Court on African Politics.] With a spectacular introductory opening that sets the stage for understanding Bosco Ntaganda’s appearance before the International Criminal Court (ICC), Phil Clark’s Distant Justice draws on eleven...

[Owiso Owiso is a Doctoral Researcher in Public International Law at the University of Luxembourg. This is the latest post in our symposium on Phil Clark’s book, Distant Justice: The Impact of the International Criminal Court on African Politics.] A distant ICC ‘orbiting in space’ as rogue regimes make merry This post makes a few observations on Phil Clark’s book Distant justice:...