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12 Sep

[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...

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12 Sep

[Steven Kay QC is Head of Chambers at 9 Bedford Row. He has appeared as leading counsel in many significant international criminal trials (Tadic, Milosevic, Musema, Gotovina, Kenyatta) – and represented heads of state and leading figures at UN tribunals and the International Criminal Court (ICC). Joshua Kern is a barrister at 9 Bedford Row. He specialises in complex criminal cases...

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11 Sep

[William S. Dodge, Anthea Roberts, and Paul B. Stephan served as co-reporters for the jurisdictional sections of the Restatement (Fourth) of Foreign Relations Law. They write here in their personal capacities.] In a recent post, Dean Austen Parrish questions whether the soon-to-be-published Restatement (Fourth) of Foreign Relations Law is “remaking international law” when it says that “[w]ith the significant exception of various...

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07 Sep

[Emma Irving is an Assistant Professor of Public International Law at Leiden University.] The OHCHR Fact Finding Mission on Myanmar drew the world’s attention last week by issuing a report finding that genocide, war crimes, and crimes against humanity against the Rohingya and other ethnic groups took place in Myanmar last year. The Mission went further, drawing up a non-exhaustive list of...

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06 Sep

Okay, it didn't directly say that. But that is the logical consequence of the Pre-Trial Chamber's new decision upholding the Court's jurisdiction over the deportation of the Rohingya from Myanmar. According to the PTC (para. 71), the crime against humanity of deportation (unlike forcible transfer) necessarily takes place in two states, because one of the essential elements of the crime...

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06 Sep

[Austen Parrish is the Dean and James H. Rudy Professor at Indiana University Maurer School of Law. He is the author of Judicial Jurisdiction: The Transnational Difference. A draft of the article is available on SSRN.] This month, the American Law Institute will publish its Fourth Restatement of the Foreign Relations Law of the United States. It’s an impressive document,...

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03 Sep

[Ian Johnstone is the Dean ad interim of the Fletcher School of Law and Diplomacy. This contribution is cross-posted here.] Tributes to Kofi Annan have poured in since his death on August 18, praising his diplomatic skills, his dignified leadership, and his basic human decency.  Having worked with him closely from 1996 to 2000, first in the United Nations Department of Peacekeeping Operations and...

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29 Aug

[Michail Vagias is a Senior Lecturer in Law and the Program Manager of ProCuria 2017-2018 at The Hague University of Applied Sciences.] The problem: Discussing Sudan’s immunities in the absence of Sudan On 29 March 2017, Sudanese President Al-Bashir made an official visit to Jordan for the 28th Arab League Summit. Jordan neither arrested nor surrendered him to the International Criminal Court, pursuant to the arrest...

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28 Aug

[Massimo Frigo is a Senior Legal Adviser of the International Commission of Jurist’s Europe Programme.] In these days, the world saw unfolding before its eyes the absurd (yet not isolated) and Kafkaesque situation of an Italian Government trying to prevent a boat of the Italian coastguard to board an Italian harbor. What is worse is that the ship of the Italian coastguard...

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27 Aug

[Alonso Gurmendi Dunkelberg is Professor of International Law at Universidad del Pacífico, in Peru.] After the social, political, economic, and humanitarian collapse of Venezuela at the hands of Nicolás Maduro’s dictatorial government, Latin America (and South America in particular) is facing an unprecedented migratory crisis it does not seem to be ready for. As of 2017, the International Organization for Migration...

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15 Aug

[Sareta Ashraph is a barrister specialised in international law, and is currently focused on ISIS's crimes against the Yazidis. Sister Makrina Finlay OSB (DPhil Oxon, Modern History) assists Yazidi asylum seekers in Germany and Melinda Taylor is an international criminal law and human rights attorney, who provides voluntary assistance to asylum seekers through Advocates Abroad. The authors are currently exploring the...

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