Introduction Of all the questions I've been asked concerning the latest round of violence in the Israel/Palestine situation, the most common is whether Israel's actions in Gaza amount to the war crime of collective punishment. Because of my role as a Special Advisor to the ICC Prosecutor, it would be inappropriate for me to address that question; there is, of course,...
If you're not careful, [international lawyers] will have you hating the people who are being oppressed, and loving the people who are doing the oppressing.Malcolm X The Power of Mythmaking Origin stories are always more fiction than fact, more myth than reality. At times, origin stories serve to redeem a dubious past, while at others they enable us to justify an unwelcoming...
In recent days, Brazil’s President Luiz Inácio “Lula” da Silva has generated much controversy by declaring that, should Russian President, Vladimir Putin, visit the G20 Meeting in Brazil in 2024, he would not be arrested, in defiance of the existing International Criminal Court’s (ICC) arrest warrant against him. Eventually, Lula backtracked, stating the arrest was not up to him, but Brazil’s judiciary. In so doing,...
[Kurt Mundorff is author of A Cultural Interpretation of the Genocide Convention and is a Postdoctoral Fellow in the University of Tennessee Knoxville Department of Political Science.] As Russia’s invasion of Ukraine moved westward, so too did Russian officials who began removing Ukrainian children and transferring them to Russia, often parading the children on television as proof of their...
Growing up in Lima, I heard the mythologized story of Columbus “discovering” America (the continent, sorry US) a million times: In a leap of faith, Queen Isabel of Spain sold her Crown jewels to finance a daring explorer’s expedition to unknown lands. Nobody believed in him, but Columbus persevered, proving everyone wrong and discovering a land no one else knew about, on three little caravels,...
[John D. Haskell is a Senior Lecturer at the University of Manchester Law School and Junior Faculty at the Harvard Law School Institute for Global Law and Policy.] “I [find] myself in a spiral of uneasiness … [S]omething in the authors’ tone of voice, in their self-positioning [is] disturbing… I am troubled by the initial pairing of the notions of democratic...
[Tania Atilano holds a Juris Doctor from the Humboldt University of Berlin. She is conducting research on the laws of war in nineteenth-century Mexico and on counter-guerrilla warfare in the state of Guerrero (Mexico) during the '70s.] Since I published the article about the criminalization of the Laws of War in the 1871 Mexican Criminal Code (MCC), I have received various...
1- White Supremacy and the International Legal Order Writing in 1997, Charles Mills threw a grenade into political theory. With a touch of hyperbole, we might even say he collapsed the contours of the social sciences. Standard undergraduate philosophy courses, he tells us, cover two thousand years of political thought. Mainstream philosophers introduce students to liberalism and libertarianism, capitalism and communitarianism, socialism...
Researching legal history can frequently lead to the reframing of old debates, the discovery of new ways of reading a past text, and even the foregrounding of erased or invisibilised histories. It is a very rewarding kind of research. Other times, however, it simply leads to curious stories. These stories are probably not well-suited for a journal article, but –...
Any student of international humanitarian law knows the story: “In 1861 Francis Lieber (1800-1872), a German-American professor of political science and law at Columbia University, N.Y., prepared on the behalf of President Lincoln a manual based on international law (the Lieber Code) which was put into effect for the first time in 1863 for the Union Army of the United States...
[Ayan Garg is a student of law at the National Law University, Delhi. He is interested in international law generally, human rights law, and refugee law.] “It is incumbent upon all of us, the still living, to resist and combat oblivion, so commonplace in our post-modern, ephemeral times… Remembrance is a manifestation of gratitude, and gratitude is perhaps the noblest manifestation of rendering...
[Lily Zanjani is an Advanced LL.M Student of Public international Law at Leiden University. She is currently a legal intern at International Criminal Court and International Centre for Counterterrorism.] This article will scrutinize the United Kingdom’s legal justifications concerning the use of force in Iraq in accordance with its interpretation of United Nations’ (UN) Resolution 1441. This resolution revolves around Iraq’s non-compliance with...