Courts & Tribunals

Introduction On 27 November 2024, Israel appealed two decisions of the Pre-Trial Chamber that were issued simultaneously with the arrest warrants for Benjamin Netanyahu and Yoav Gallant. The first decision rejected Israel's claim that it was entitled to a new Art. 18 notification because the OTP's s investigation after October 7 was substantially different than the investigation the OTP opened...

[Terje Einarsen is Professor of International Law at the University of Bergen and Chairperson of the Norwegian Section of International Commission of Jurists]  Part I of this post discussed why the jurisdiction should be extended and the current proposal to amend Article 15bis. An Alternative Proposal: Amending Article 5 Against this background (see Part I), it would presumably be better and more effective...

[Terje Einarsen is Professor of International Law at the University of Bergen and Chairperson of the Norwegian Section of International Commission of Jurists] The Assembly of State Parties special session on the review of the amendments on the crime of aggression will be held at the United Nations, New York, 7 to 9 July 2025.  It comes with a challenging geopolitical...

[Safia K Southey is a student at Columbia Law School, with experience at Amnesty International, Human Rights Watch, the Center for Justice and Accountability, and the International Center for Transitional Justice. She focuses on international law, Middle East policy, and alternative justice mechanisms.] On March 11, 2025, something unusual happened—the International Criminal Court (ICC) secured the arrest of a former head...

[Anuja Jaiswal is a human rights consultant who has worked in various contexts, including Gambia, Ukraine, MENA, Myanmar, and North Korea. She studied at the University of Oxford and Columbia University, and has an LL.M in Transnational Crime and Justice.] Generally, there is an absence of adequate gender representation on the international bench. This gap has been identified by academics and...

On April 4, a group of five states -- Costa Rica, Germany, Sierra Leone, Slovenia and Vanuatu -- formally submitted to the UN Secretary-General the text of a proposed amendment to the Rome Statute. The amendment seeks to harmonise the ICC's jurisdiction over the crime of aggression with the jurisdictional regime that applies to the other crimes. It would do...

[Javier Urizar is a Guatemalan human rights lawyer, currently working at the International Service for Human Rights (ISHR)] A Spanish version of this post has been published on Agenda Estado de Derecho here. National courts have always had an inseparable relationship with human rights. As the controlbody by excellence, they have been fundamental in limiting the acts of authority and sanctioning those...

When the news broke that the former Philippines President Rodrigo Duterte had been arrested and detained upon arrival at Manila’s airport from an overseas trip, by Philippine police executing an international arrest warrant, it was the culmination of months of speculation. The political feud and infighting in the Philippines halls of power certainly facilitated this moment. But let us not forget, it’s been the relentless work...

[Shagnik Mukherjea is an undergraduate student at the Rajiv Gandhi National University of Law, Punjab, India] Introduction Globalization, nation-states, and democratic politics cannot fully coexist—only two can be sustained at any given time. In his 2000 paper, Dani Rodrik introduced this idea as the political trilemma of the world economy. He predicted that nation-states would eventually give way to globalization, but not...

[Benjamin Thorne is a Lecturer (Assistant Professor) in Criminal Law at the University of Reading] Almost 3 weeks into Donald Trump’s second term as US President and one could have been forgiven for becoming somewhat numb to the seemingly never ending conveyor belt of Executive Orders (EO) being announced. However, one particular EO jolted many from their numbness, not because it...

[Paula Wojcikiewicz Almeida holds a PhD summa cum laude in International and European Law at the Université Paris 1 Panthéon-Sorbonne. She is a Professor of International Law at FGV Rio Law and Director of FGV Rio Law's Centre for Global Law and the Jean Monnet Centre of Excellence on EU-LA Global Challenges. Valentine Tissot Pinheiro holds an LL.M. in Public International Law...

[Maria Crippa is a postdoctoral fellow in international criminal law at the University of Milan and a visiting researcher at the University of Tilburg. Matteo Colorio is a PhD candidate in international law at Sant’Anna School of Advanced Studies in Pisa and a visiting researcher at the University of Tilburg.] Introduction Osama Elmasry Njeem, also known as Elmasry, was arrested in Italy on...