Foreign Relations Law

[Alexander Wolffenbuttel is a Ph.D. student in International Law at the Graduate Institute Geneva. He is a former legal consultant at the International Criminal Court and a former apprentice at Sjöcrona van Stigt advocaten defending Oleg Pulatov. The opinions and comments expressed in this publication are those of the author.] Photo credit: BBC   MH-17 Trial: U.S. Satellite Imagery and Foreign Confidential Intelligence...

[Parisa Zangeneh is a PhD student at the Irish Centre for Human Rights, National University of Ireland, Galway, where she  is a recipient of the Hardiman Scholarship.] Photo: Parisa Zangeneh Monique Cormier’s recent book focuses on a problem that has plagued the International Criminal Court (ICC, Court) since its inception: its potential (in)ability to exercise jurisdiction over nationals of non-States Parties (NSPs)...

[Rashmi Dharia is a doctoral candidate at Sciences Po Law School, Paris.] As of 2nd April 2021, the Biden administration rescinded the sanctions that had been imposed by Executive Order 13928 of 11th June 2020 and its follow-up on 2nd September 2020 on ICC Prosecutor Fatou Bensouda and the Head of the Jurisdiction, Complementarity and Co-operation Division Mr Phakiso Mochochoko. The US-ICC relationship looks all set to ‘go back’ from...

[Satang Nabaneh is a Post-Doctoral Fellow at the Centre for Human Rights, Faculty of Law, University of Pretoria, and the Founder and Executive Director of Law Hub Gambia. She currently pursues research interests including international human rights law and monitoring mechanisms, democratization in Africa, and Gambian constitutional law.] On September 2, 2020, the Trump administration announced that the United States had designated the International Criminal Court (ICC)...

[Chidi Anselm Odinkalu is Senior Manager for Africa with the Open Society Justice Initiative. He received his Ph.D. in law from the London School of Economics & Political Science and is a former Chair of Nigeria’s National Human Rights Commission.] The invocation of sanctions against senior officials of the International Criminal Court (ICC) by the Trump administration in 2020, has been the subject of considerable examination and...

[Nabil M. Orina is a Postdoctoral Research Fellow at the Centre of Excellence for International Courts (iCourts), Faculty of Law, University of Copenhagen. He holds a PhD from City University of Hong Kong.] President Trump’s sanctions against the Prosecutor of the International Criminal Court (the Court), Fatou Bensouda and the Head of Jurisdiction, Complementarity and Cooperation Division, Phakiso Mochochoko have rightly attracted condemnation from states as well...

[Sharon Nakandha is a Program Officer with the Africa Regional Office of the Open Society Foundations.] ‘The United States will use any means necessary to protect our citizens and those of our allies from unjust prosecution by this illegitimate court. We will not cooperate with the ICC. We will provide no assistance to the ICC and we certainly will not join...

[Owiso Owiso is a Doctoral Researcher in Public International Law at the University of Luxembourg.] Those Sanctioned… and Those Not Sanctioned The Office of the Prosecutor (OTP) of the International Criminal Court (ICC) as currently structured has five persons at the helm, the Prosecutor, Deputy Prosecutor and three division directors (investigations; jurisdiction, complementarity and cooperation (JCCD); and prosecutions). Two of these persons, the Prosecutor Ms Fatou...

[Sharon Nakandha is a Program Officer with the Africa Regional Office of the Open Society Foundations and Owiso Owiso is a Doctoral Researcher in Public International Law at the University of Luxembourg.] In March 2020, following a decision of the Appeals Chamber of the International Criminal Court (ICC) which authorised the Prosecutor to open an investigation in Afghanistan, Mike Pompeo, then-Secretary of State of the United...

[Felicity Gerry is an international QC and Professor of Legal Practice.]  [Sue Milne is a lecturer, PhD candidate and scholar of public law at the University of South Australia, Justice and Society.] [Cate Read is a Trial Division Researcher, Supreme Court of Victoria.] [Eamonn Kelly is a Barrister, Victorian Bar and ad hoc admission in England and Wales for the Shamima Begum Appeal.] Photo Credit:...

[Andrea Marilyn Pragashini Immanuel is an Assistant Professor of Legal Practice and a Research Fellow at the Centre for Public Interest Law, Jindal Global Law School, O.P. Jindal Global University, India.]Acknowledgment: I am grateful to Aashish Yadav, Lecturer, Jindal Global Law School for his valuable comments on a draft of this article. Photo Credit: Nate Kitch, The Guardian On 26 February 2021,...

[Pearce Clancy is a PhD candidate at the Irish Centre for Human Rights at the National University of Ireland, Galway, and a legal Researcher with the Palestinian human rights organisation Al-Haq. Rania Muhareb is a PhD candidate at the Irish Centre for Human Rights, a consultant with Al-Haq, and a Policy Member of Al-Shabaka, the Palestinian Policy Network.] Wall severing Palestinian...