North America

I sat down with Stephen Rapp, (formerly Chief of Prosecutions at the ICTR, Prosecutor at the SCSL, and US Ambassador-at-Large for Global Criminal Justice; now a Fellow at the US Holocaust Memorial Museum’s Center for Prevention of Genocide and Oxford University’s Blavatnik School) to talk about some of the burning issues in international criminal justice today.  There are very clear challenges...

[Anthony J. Colangelo, Gerald J. Ford Research Fellow and Professor of Law, SMU Dedman School of Law.] The Supreme Court’s recent decision in Gamble v. United States explicitly raised the question of double jeopardy in international cases by positing scenarios in which the United States may wish to successively prosecute after a prior prosecution in a foreign country for crimes occurring abroad. These cases...

[Catherine Savard is a LL.M. student at Université Laval and assistant coordinator of the Canadian Partnership for International Justice. While she collaborated to the legal analysis on genocide of Canada's National Inquiry into Missing and Murdered Indigenous Women and Girls, the present post is written in a personal capacity and entirely independent of the Inquiry’s works.] Canada’s National Inquiry into Missing and Murdered Indigenous Women and Girls (MMIWG) delivered its Final Report...

Ernesto J. Sanchez is an attorney in Miami, Florida who concentrates his practice on appellate and international dispute resolution matters. He is also the author of The Foreign Sovereign Immunities Act Deskbook, published by the American Bar Association. As tensions between Iran and the United States continue, Opinio Juris readers will most likely consult the numerous superb legal commentaries on whether the United...

Recently, there’s been many a discussion in the Global North on the semiotics of law. What does it mean to say there was a genocide in Canada or that ICE runs concentration camps. In general, these debates follow a similar pattern: specific groups of people are outraged that scholars and experts would use the correct terminology to describe a policy they support, because it sounds...

You have heard the news and know what might happen. Your President may pardon a war criminal. You, certainly, disapprove. You believe in international justice and you are convinced war criminals need to be punished for their crimes. You want to do something about it, but you have read the blog posts and newspapers. Judging by recent experience, the ICC will likely not help. Yours...

In my previous post, I defended the right of the Pre-Trial Chamber (PTC) to review  the OTP's assessment of whether there were, to quote Art. 53(1)(c) of the Rome Statute, "substantial reasons to believe that an investigation would not serve the interests of justice." In this post, I want to explain why I think the PTC got that review completely,...

[Katayoun Hosseinnejad is a PhD graduate from Graduate Institute of International and Development Studies and a university lecturer of international law in Iran and Pouria Askary is an assistant professor of international law at Allameh Tabataba’i University.] This post highlights some of the inconsistencies in the ICJ’s recent judgment on preliminary objections in the case of Certain Iranian Assets, which resulted in rejecting the...

[Rishi Gulati is a LSE Fellow in Law at the London School of Economics and a Barrister at the Victorian Bar.] The US Supreme Court has delivered its much awaited judgment in Jam v. International Finance Corporation, No. 17-1011, 27 February 2019 (‘Jam’ or the ‘Decision’. Two detailed posts by the author containing an analysis of the decisions of the courts...

Nearly 100 employees recently released an open letter to Microsoft demanding that the company cancel its nearly $500 million contract with the Army to develop an Integrated Visual Augmentation System (IVAS). I will let the employees explain why: The contract's stated objective is to "rapidly develop, test, and manufacture a single platform that Soldiers can use to Fight, Rehearse, and Train that...