International Criminal Law

[Rosemary Grey is a University of Sydney (Australia) Postdoctoral Fellow, based in the Sydney Law School & Sydney Centre for International Law. Valerie Oosterveld is a Professor at Western Law (Canada) and a member of the Canadian Partnership for International Justice and Rebecca Orsini is a second-year law student at Western Law (Canada) and a graduate of the University of Toronto.] Part 1 of this post discussed...

[Rosemary Grey is a University of Sydney (Australia) Postdoctoral Fellow, based in the Sydney Law School & Sydney Centre for International Law. Valerie Oosterveld is a Professor at Western Law (Canada) and a member of the Canadian Partnership for International Justice and Rebecca Orsini is a second-year law student at Western Law (Canada) and a graduate of the University of Toronto.] Recent months have seen an important shift...

[Alejandra Muñoz is an International Legal Advisor with a Colombian lawyers' collective, ''Colectivo de Abogados José Alvear Restrepo (CAJAR)'] In February this year, the long awaited first voluntary statement rendered by Colombian army general Mario Montoya Uribe before the country’s Special Jurisdiction for Peace (SJP) sparked a great deal of frustration and disappointment among victims. After refusing to speak entirely on the first day, his declarations on...

A couple of days ago, Iran issued an arrest warrant for Donald Trump, alleging that he is responsible for murder and terrorism in connection with the drone strike that killed General Qassem Soleimani last January. Practical problems aside -- Interpol has already refused to issue a Red Notice for Trump's arrest -- there is an important legal barrier to prosecuting Trump:...

[John B. Quigley is Emeritus Professor of Law at Moritz College of Law, The Ohio State University.] The annexation, now under consideration by Israel, of land in occupied Palestine is aimed, in part, at bringing many of Israel’s settlements into the territory of Israel. Annexation, however, may bring the unintended consequence of the loss of those very settlements. Much of the land on which the...

Along with 174 other American lawyers and legal scholars, I have signed a statement condemning the Trump administration's Executive Order permitting the US to sanction individuals involved with the ICC's investigation into the situation in Afghanistan. It's quite a list of signatories, including three former US war-crimes ambassadors and a number of former judges and prosecutors at various international criminal...

Luca Ferro is a post-doctoral researcher at the Ghent Rolin-Jaequemyns International Law Institute (GRILI). He wrote his doctoral dissertation on International ‘Intervention’ in Theory and in Practice, assessing the legality of third-State involvement in the internal and external affairs of other States. Prematurely calling time of death on ‘negative equality’? On 5 and 6 December 2019, the Journal on the Use of Force and International Law (JUFIL) and the...

[Marie Steinbrecher is currently a teaching fellow at UCL’s Department of Political Science while completing her PhD at Royal Holloway’s School of Law.] The Optional Protocol to the Convention against Torture (OPCAT) obliges State Parties to designate a National Preventive Mechanism (NPM). NPMs are mandated to visit all places of deprivation of liberty to prevent torture and ill-treatment. To date, 90 States have ratified OPCAT...

[Dr. Alexander Heinze, LL.M. (TCD) is Assistant Professor at the Department of Foreign and International Criminal Law, Institute for Criminal Law and Justice, Georg-August-University of Göttingen.] There are two ways an International(ised) Criminal Tribunal (ICT) can regulate the transmission of information in the proceedings: by combining a case file approach with a restrictive disclosure regime or by introducing extensive disclosure rules with no case file or one that merely...

[Dr. Michael Kearney is a legal researcher with Al-Haq.] A March 2020 Amicus Brief submitted by Palestinian human rights organisations, including Al-Haq, to the Pre-Trial Chamber of the International Criminal Court suggested that the Court’s territorial jurisdiction extends to Palestine’s Exclusive Economic Zone. The Exclusive Economic Zone (EEZ), a jurisdictional space derived from the UN Convention on the Law of the Sea, was proclaimed by Palestine in September 2019....

[Eva Buzo is an Australian lawyer, and the Executive Director of Victim Advocates International. She lived in Cox’s Bazar between November 2017 and September 2019.] David Eichert’s “Concerns about the non-inclusion of sexual violence against men and boys in the Gambia v Myanmar” raises important points in relation to the characterisation of sexual violence as being a primarily female experience in the clearance operations perpetrated by the Myanmar...