Author: Jennifer Trahan

[Jennifer Trahan is a Professor at the NYU Center for Global Affairs.] While hostility by the current administration against the International Criminal Court (“ICC”) commenced already a few years ago, the opening of the Afghanistan investigation this past spring has reignited it.  Yet, a showdown between the US and ICC—particularly ill-timed during the COVID crisis—benefits neither.  The US should refrain from...

[Jennifer Trahan is a Professor at the NYU Center for Global Affairs.] On March 5, 2020, the International Criminal Court’s Appeals Chamber issued an extremely significant ruling authorizing the opening of the Afghanistan investigation.  The decision is important in that it confirms the Prosecutor’s discretion in evaluating whether or not to proceed “in the interests of justice” under Article 53(1)(c) of the Rome Statute, thereby allowing the Afghanistan...

[Jennifer Trahan is a Clinical Professor at the NYU Center for Global Affairs.] John Heieck is asking the right questions in his new book, A Duty to Prevent Genocide: Due Diligence Obligations Among the P5. Namely, how does one reconcile hard law legal obligations regarding the duty to “prevent” genocide with the inaction seen out of the UN Security Council as well as...

[Jennifer Trahan is a Clinical Professor at the NYU Center for Global Affairs.] Monday, at the Federalist Society, National Security Adviser John Bolton delivered a major foreign policy address, devoted almost entirely to attacking the International Criminal Court, a court established to prosecute the most egregious crimes of concern to the international community. At a time when the US does indeed face many...

[Jennifer Trahan is a Clinical Professor at the NYU Center for Global Affairs.] July 17, International Justice Day, not only marked the 20th anniversary of the Rome Statute of the International Criminal Court (“ICC”), but also activation of the ICC’s fourth crime, the crime of aggression. These milestones were celebrated by an event at the UN entitled “20th anniversary of the Rome Statute:...

[Jennifer Trahan is an Associate Clinical Professor at the NYU Center for Global Affairs.] I, too, would like to thank Opinio Juris for our mini-symposium and dialogue on the use of the veto in the face of atrocity crimes. I hope it stimulates further thought, analysis and work on these important issues. For those who missed the debates, I posted attacking the legality of Russia’s veto...

[Jennifer Trahan is an Associate Clinical Professor at the NYU Center for Global Affairs.] The background to a series of Opinio Juris posts about proper use of Security Council veto power is: I have posted attacking the legality of Russia’s veto in the face of chemical weapons use in Syria, Dr. Mohamed Helal has defended Russia’s veto use as consistent with the drafting...

[Jennifer Trahan is an Associate Clinical Professor at the NYU Center for Global Affairs.] In his Opinio Juris post on May 4, Dr. Mohamed Helal provides a defense of Russia’s veto use related to the situation in Syria, one that he defends as in line with the negotiations of the UN Charter and a vision of veto power of the permanent members of...

[Jennifer Trahan is Associate Professor, The Center for Global Affairs, NYU-SPS and Chair of the International Criminal Court Committee of the American Branch of the International Law Association] On Thursday, December 14, 2017, the ICC’s Assembly of States Parties (ASP) took the historic and significant decision, by consensus, to activate, effective July 17, 2018, the ICC’s jurisdiction over its 4th crime,...

[Jennifer Trahan is an Associate Clinical Professor at the Center for Global Affairs at New York University.] As Jens Ohlin has written, a highly awaited verdict came out Wednesday, November 22, sentencing Ratko Mladic, former commander of the Main Staff of the Bosnian Serb Army (VRS), to life in prison for genocide, war crimes and crimes against humanity committed from 1992-1995. The...