Courts & Tribunals

I had hoped not to write any more posts about the international vs. internationalized tribunal debate. I have written extensively on the topic already, and the prospects for an international tribunal grow dimmer with each passing day. Alas, Patryk Labuda's most recent entry on the topic at Just Security requires a response: although the arguments are the same unpersuasive ones...

[Ana Srovin Coralli works as a Teaching Assistant in the International Law Department of the Geneva Graduate Institute, where she is pursuing her PhD entitled Bringing Perpetrators of Enforced Disappearances to Justice: In the Shoes of the Prosecutors] The International Day of the Victims of Enforced Disappearances (30 August 2023) was accompanied with a true victory for accountability: an announcement of the upcoming trial for enforced...

Evropeyska Pravda is reporting that, although clearly not its first choice, Ukraine would be willing to accept an internationalized tribunal for the crime of aggression as long as it is based in another state's judicial system. Here are the relevant paragraphs, quoting the Deputy Head of the Office of the President: Ukraine decided on these concessions, Andriy Smirnov admitted for the...

Jennifer Trahan is back with another post at Just Security that tries to argue a Special Tribunal for the Crime of Aggression (STCoA) is superior to the internationalized (hybrid) tribunal favoured by (at least) the the UK, Germany, France, Italy, and most recently the US. It will take a couple of responses to cover all of the ways in which...

[Prof. Em. Dr. J. Vande Lanotte had a long career as professor in human rights and constitution law. He was Deputy Prime Minister of Belgium for 13 years and is now a lawyer. He introduced the communication on the situation concerning Turkey to the ICC.] In her posts “The Turkey Tribunal’s Long Shot: Stretching Territorial Jurisdiction and Disregarding Positive Complementarity Options”...

[Mutondi Mulaudzi is a Judicial Fellow at the International Court of Justice and Ph.D. Candidate at the University of Witwatersrand, with research specializing in human rights law. Danielle Flanagan is a Judicial Fellow at the International Court of Justice, holding a J.D. and Certificate in Refugees and Humanitarian Emergencies from Georgetown University Law Center.] The International Criminal Court’s (ICC) arrest warrants,...

On March 17, 2023, the Pre-Trial Chamber II of the International Court of Justice issued two arrest warrants against Russian President, Vladimir Putin, and his Commissioner for Children’s Rights, Maria Alekseyevna Lvova-Belova, for their alleged involvement in the “unlawful deportation of population (children) and that of unlawful transfer of population (children) from occupied areas of Ukraine to the Russian Federation”. The announcement was made on Twitter, by...

[Chidi Anselm Odinkalu (Twitter: @ChidiOdinkalu) is a Professor of Practice in International Human Rights Law at the Fletcher School. Sharon Nakandha (Twitter: @SherryKyama) is a Program Manager, Accountability and Justice with Open Society-Africa.] At the establishment of the International Criminal Court, (ICC) 25 years ago, then Foreign Secretary of the United Kingdom, Robin Cook, famously said of it that it “is not a...

[Dr. Ligeia Quackelbeen is an Assistant Professor in International and European Criminal Law (Tilburg University) currently researching problems of interpretation arising from inter alia the concurrence of legal regimes and examining these issues in light of the legality principle and fair labelling.] On 9 February 2023, a communication was submitted to the Office of the Prosecutor (OTP)  of the ICC by the Belgian...

[Judge Zak (Zakeria M.) Yacoob is a Retired Justice of the Constitutional Court of South Africa.] The Court of the Citizens of the World – a peoples tribunal – was organized by the Cinema for Peace Foundation, relating to the crime of aggression in Ukraine. The tribunal considered charges brought against Vladimir Putin for the crime of aggression presented by...