Courts & Tribunals

[Fabricio Guariglia is Director of Prosecutions, Office of the Prosecutor, International Criminal Court. The opinions in this article are solely the author’s and should not be attributed to the Office of the Prosecutor or the International Criminal Court.] As we move further into the uncertain, our offices turned virtual, our children at home, our social habits transformed, our concerns for ourselves and others guiding our daily routines,...

[Nina Sun is the Deputy Director and Global Health and Human Rights & Assistant Clinical Professor at the Dornsife School of Public Health, Drexel University  and Livio Zilli is a Senior Legal Adviser & UN Representative at the International Commission of Jurists.] This piece is split into two parts – the first focuses on criminalization of COVID-19 exposure and transmission, and the second on criminal sanctions...

[Matt Pollard is a Senior Legal Adviser for the International Commission of Jurists (ICJ) in Geneva, and Director of the ICJ Centre for the Independence of Judges and Lawyers; Mathilde Laronche is an Associate Legal Adviser for the ICJ, with a specialization in human rights, humanitarian law and international criminal law and Viviana Grande is an intern with the ICJ, a law...

[Matt Pollard is a Senior Legal Adviser for the International Commission of Jurists (ICJ) in Geneva, and Director of the ICJ Centre for the Independence of Judges and Lawyers; Mathilde Laronche is an Associate Legal Adviser for the ICJ, with a specialization in human rights, humanitarian law and international criminal law and Viviana Grande is an intern with the ICJ, a law...

[M. Vagias is a Senior Lecturer of Law with The Hague University of Applied Science] Introduction: Amnesties in the latest Gaddafi Admissibility proceedings The debate on the compatibility of amnesties with the duty to prosecute human rights violations, including war crimes and crimes against humanity, is far from new in the realm of international criminal law. It has troubled first and foremost the Inter-American Court...

[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...

On 3 March, news reports indicated that that the UN High Commissioner for Human Rights (High Commissioner) filed an intervention at the Supreme Court of India, linked to petitions challenging the Citizenship Amendment Act of 2019 (CAA). This legislation – along with a population and citizenship register – has been the focus of nationwide protests across India.  In brief, the CAA seeks to ease a path...

[Siddharth S. Aatreya is an LLM Candidate in International Law at the University of Cambridge  and a General Editor of the Cambridge International Law Journal.] The Canadian Supreme Court’s decision in Nevsun Resources v. Araya has shone new light on the debate around the horizontal application of international law, particularly international human rights norms. With a 5-4 majority, the court held that Nevsun, a Vancouver-based...

[Dr. Leonie Steinl, LL.M. is a post-doctoral researcher at Hamburg University, where she works in a DFG-project on "Strategic Litigation Networks and Accountability for Gross Violations of Human Rights". Dr. Wenke Brückner currently works as a lawyer in Berlin, specializing in German and international criminal law. Both authors have previously worked on different aspects of the case of Hanan v. Germany for...

[Ciara Laverty is a PhD candidate at the Grotius Centre for International Legal Studies, Leiden University. Dieneke de Vos received her PhD in international criminal law from the European University Institute, Florence and currently works in the humanitarian sector on the prevention of sexual harassment, exploitation and abuse.]   On 11 February 2020, Colombia’s Constitutional Court made public its full reasoning in the precedent-setting tutela action...